Sleep apnea decisions — 2024

The Board has remanded the claims for service connection due to errors in verifying the Veteran's claimed stressors and a pre-decisional duty to assist error. The claims will be reconsidered after further development.

The Board has granted service connection for lumbosacral spine disorder, right shoulder disorder, and right knee disorder. The Veteran's current diagnoses are found to be at least as likely as not related to her active duty service.

The Veteran's sleep apnea is remanded for a VA examination to determine if it is related to his active duty service, or due to or caused by any service-connected disease or injury, including tinnitus.

The Veteran's claims for service connection for obstructive sleep apnea, left knee disability, bilateral hearing loss, and right hip disability are denied. The Board has remanded the claims for irritable bowel syndrome (IBS), right knee disability, and an acquired psychiatric condition.,The Veteran's claim for service connection for a right knee disability is remanded. The Board has also remanded his claims for service connection for IBS and an acquired psychiatric condition.

The Board has granted an effective date of September 4, 2020 for the award of service connection for obstructive sleep apnea (OSA). The decision is based on the Veteran's intent to file a claim and receipt of his completed supplemental claim application within one year of the intent to file.

The Veteran's claim for a compensable initial disability rating for allergic rhinitis was denied as the evidence did not meet the criteria for a higher rating.,The Veteran's service connection claim for hypertension is remanded due to insufficient rationale in the July 2022 VA opinion regarding whether he has current hypertension related to service.,The Veteran's service connection claim for residuals of hypothermia, bilateral lower extremities (BLE hypothermia) is remanded due to insufficient rationale in the July 2022 VA examination report regarding whether his symptoms are related to service.,The Veteran's increased rating claim for obstructive sleep apnea is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's service connection claim for chest pain with palpitations is remanded due to insufficient rationale in the July 2022 VA opinion regarding whether his current condition is related to service.,The Veteran's service connection claim for left ankle condition is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's service connection claim for right ankle condition is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's increased rating claim for tension headaches is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.

The Veteran's GERD is rated at 10 percent, and the Board has remanded to determine if a higher rating is warranted.,The Veteran seeks service connection for obstructive sleep apnea. The Board has ordered a new VA examination to address whether her sleep apnea is caused by or aggravated by any service-connected conditions.

The Veteran's appeal for a higher disability rating for his service-connected lumbosacral strain is being remanded due to an incomplete VA examination. The claim will be reconsidered with the addition of a complete range of motion assessment.

The Veteran's service connection for obstructive sleep apnea was denied. The Board found that the current disability neither occurred in nor was caused by service.,A separate 10 percent rating for left knee limitation of flexion is granted, but a rating above 10 percent for limitation of extension is denied.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea must be remanded due to errors in satisfying VA's duty to assist and statutory duties under the PACT Act. The Veteran is presumed to have experienced toxic exposure related to his military service, and a VA examination and nexus opinions are required.

The Board has determined that additional development is needed to correct a pre-decisional duty to assist error in failing to provide an adequate examination for the claim of service connection for obstructive sleep apnea.

The Board has decided to remand the Veteran's claims for service connection due to incomplete development of her exposure history and potential presumptive service connection based on herbicide agent exposure. The claims will be returned to the RO for further development.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea and obesity, which may be related to her service-connected hysterectomy.

The Veteran's claim for service connection for OSA as secondary to his service-connected knee disabilities is pending and requires further development due to a duty to assist error.

The Board has denied service connection for bilateral hearing loss, tinnitus, arthritis (multiple joints, to include shoulders), and lumbosacral strain due to a lack of evidence showing the presence of these conditions during or within one year after service. The Veteran's claim for lumbosacral strain is remanded as there are outstanding private treatment records that have not been associated with his claims file.,The Board has denied service connection for bilateral hearing loss, tinnitus, arthritis (multiple joints, to include shoulders), and lumbosacral strain due to a lack of evidence showing the presence of these conditions during or within one year after service. The Veteran's claim for lumbosacral strain is remanded as there are outstanding private treatment records that have not been associated with his claims file.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea and whether it is related to service or a service-connected disability.

The Board has remanded the claims for further development due to errors in notice and duty to assist.

The Board has denied service connection for cervical strain, lumbosacral strain, and bilateral shoulder rotator cuff tendonitis as there is no persuasive evidence of their onset during active service or a relationship to an in-service injury.

The Board has decided to remand the Veteran's claims for lumbosacral strain, lumbosacral degenerative disc and joint disease and L3-L4 central spinal canal narrowing, left lower femoral radiculopathy, left lower sciatic radiculopathy, and right lower sciatic radiculopathy due to inconsistencies in the VA examination reports.

The Veteran's appeal for service connection for sleep apnea was dismissed because the Veteran withdrew his appeal prior to his death.