Sleep apnea decisions — 2024

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's sleep apnea, as there was insufficient competent medical evidence on file to decide his claim.

The Veteran's obstructive sleep apnea has not been productive of chronic respiratory failure with carbon dioxide retention or cor pulmonale and has not required a tracheostomy, so he is not entitled to an increased evaluation.

The Board has dismissed the appeals for service connection for OSA and GERD, as well as an initial compensable disability rating for rhinitis due to the Veteran's withdrawal of his appeal.

The Veteran's bilateral hearing loss is granted service connection. The ratings for his left and right knee scars, as well as the rating for his right knee disability, are denied prior to August 25, 2022. The claims for secondary service connection of obstructive sleep apnea, hypertension, an acquired psychiatric disability (adjustment disorder), and a gallbladder disability are remanded.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence to support a link between his current condition and his military service or any service-connected conditions.

The Veteran's appeals for reopening service connection claims based on new evidence were dismissed due to a procedural error in the Appeals Modernization Act (AMA) framework. The appeal regarding service connection was also dismissed.

For the entire period under appeal, a rating in excess of 20 percent but no higher than 40 percent for lumbosacral strain is granted. From June 22, 2019, to November 3, 2020, an initial rating in excess of 10 percent for cervical strain is denied and from November 3, 2020 onwards a 30 percent rating but no more is granted.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current sleep apnea is related to service, specifically his deployment and post-deployment symptoms. The VA examiner needs to provide an addendum opinion considering these factors.

The Veteran's claims for increased ratings for his service-connected conditions are being remanded due to the need for additional development and consideration.

The Board has decided to remand the case for further development and opinion regarding service connection for obstructive sleep apnea (OSA), considering whether it is secondary to service-connected disabilities, related via obesity as an intermediate step, or due to Gulf War toxic exposure risk activities.

The Board denied the Veteran's claims for service connection for various conditions, including stomach condition, sleep disorder, cervical spine disability, left knee disability, right knee disability, and shin splints. The reasons given were that there was no competent evidence linking these conditions to service or a service-connected disability.

The Board has granted service connection for sick sinus syndrome and ventricular arrhythmia, status post pacemaker implant. Service connection was denied for chronic fatigue syndrome and memory loss.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to service in Southwest Asia or secondary to her service-connected conditions.

The Board has granted service connection for sleep apnea and erectile dysfunction, finding that these conditions are at least as likely as not related to the Veteran's active duty service and his existing service-connected disabilities.

The Veteran's service connection claims for poor vision, right fifth finger disability, and left ear hearing loss have been denied. The Board found no evidence of a current disability related to these conditions during or after service.,Service connection for obstructive sleep apnea (OSA), allergies, heart rhythm, and hypertension has been remanded due to insufficient evidence.

The Veteran's migraines are now rated at 50% effective September 23, 2016. The Board also granted TDIU from September 23, 2016 due to the combined effect of multiple service-connected disabilities.

The Board denied the Veteran's claim for service connection for OSA caused or aggravated by his service-connected lumbar spine disability, as well as by medication used to treat that condition. The evidence did not show a causal link between these factors and the Veteran's OSA.

The Board has remanded the claims for service connection due to inadequate opinions from the VA examiners. The Veteran's current diagnoses include COPD, HTN, heart valve replacement (prosthesis), aortic stenosis, atrial fibrillation, and OSA. The issues are related to his military service.

The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities have been remanded due to new treatment records showing possible worsening of his conditions.

The Veteran's PTSD is currently rated at 50 percent, and the Board has denied a higher rating. The issue of service connection for sleep apnea secondary to PTSD was remanded.