Sleep apnea decisions — 2024

The Veteran's lumbosacral strain is rated at 40 percent from April 25, 2013 to March 12, 2019. From March 12, 2019 onwards, the rating for lumbosacral strain is denied. The left lower extremity radiculopathy is rated at 10 percent effective from March 12, 2019.

The Board has remanded the case due to a lack of an adequate VA examination regarding the etiology and aggravation of the Veteran's sleep apnea, which is secondary to his service-connected PTSD.

The Board has granted the Veteran's claim for service connection for lower back pain, finding that the evidence is at least in equipoise that the condition began during active service and continues to this day.

The Board has decided to remand the Veteran's claim of service connection for sleep apnea due to insufficient evidence in the August 2020 VA examination report. The examiner did not consider the Veteran's statements, his friend's description of symptoms during service, and the opinion from his private physician.

The Veteran's sleep apnea, degenerative disc disease of the thoracic spine, left and right lower extremity radiculopathy, left knee patellofemoral syndrome with degenerative arthritis, right knee patellofemoral syndrome with degenerative arthritis, and left and right ankle sprain are all granted. The effective dates for these ratings have not been specified.

The Veteran's claim for service connection for degenerative arthritis of lumbosacral spine and IVDS is granted with an effective date of June 27, 2018.

The Veteran's appeals have been dismissed due to his withdrawal of all issues on appeal.

The Board dismissed the appeal due to premature submission of the reduction request for PTSD and the Veteran's intent to withdraw his claims for TDIU, sleep apnea, headaches, and right foot condition. The appeals were not properly before the Board.

The July 1993 decision denying service connection for retinitis pigmentosa was found to have clear and unmistakable error, and the appeal is granted with a grant of service connection.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's obstructive sleep apnea. The VA examiner did not consider whether the condition was incurred in service or aggravated by a service-connected disability.

The Board has remanded the claim of service connection for lumbosacral strain (claimed as a back condition) due to insufficient medical opinion regarding whether it is related to military service or aggravated by preexisting scoliosis.

The Board has remanded the claims for diabetes mellitus, type II due to a duty-to-assist error. The other issues remain pending and will be addressed in a new decision.

The Board has found the VA examination inadequate and remanded for a new one. The Veteran's OSA is to be evaluated based on its onset during service, causation by service-related exposures, or continuity of symptoms since service.

The Veteran's back condition is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted due to flare-ups caused by prolonged sitting, standing or laying down.

The Board has remanded the case due to insufficient consideration of weight gain as an intermediary step between service-connected left knee disability and sleep apnea. The Veteran's obesity is currently considered a separate condition, but may be relevant in determining whether it is an intermediate step.

The Board has remanded several claims related to the Veteran's service-connected lumbar spine disability, including issues for increased ratings and secondary radiculopathy. The claims are being returned for further development due to inadequate examination reports and incomplete treatment records.

The Veteran's service-connected disabilities, including ischemic heart disease, PTSD, cervical degenerative joint disease with fusion C3-7, lumbosacral strain (low back pain), and various peripheral nerve conditions, meet the criteria for SMC at a higher rate due to their combined effect on his ability to perform daily activities.

The Board has remanded the case due to a lack of consideration of potential secondary service connection related to the Veteran's service-connected psychiatric and diabetes mellitus, type II disabilities.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not etiologically related to his service and did not have its onset in service.

The Veteran's claims for service connection for a lower back condition, obstructive sleep apnea (OSA), and cardiovascular hypertension have been remanded due to the need for additional development.,The Veteran's claims for service connection for a GI condition and chronic headache condition were withdrawn.