Sleep apnea decisions — 2024

The Veteran's service connection for obstructive sleep apnea is granted. The Board has also remanded the issues of ratings in excess of 10 percent on and prior to November 8, 2019, for right knee retropatellar pain syndrome and left knee retropatellar pain syndrome.

The Board has decided that the AOJ improperly withheld VA compensation benefits for training days during FY 2019. The case is being remanded to clarify the number of training days performed by the Veteran and verify his military drill pay.

The Board has remanded the claim of entitlement to service connection for obstructive sleep apnea, as it is unclear whether the Veteran's current condition is related to his in-service complaints and/or his service-connected conditions.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain gainful employment, and the Board granted a TDIU from May 6, 2021.

The Board has decided to remand the case due to duty-to-assist errors and requires an addendum from a qualified medical professional regarding whether the Veteran's sleep apnea is related to his active service.

The Veteran's lumbar spine disability has been rated at 20 percent since March 4, 2019. The Board found that the evidence did not warrant a higher rating as there was no evidence of ankylosis or flexion limited to 30 degrees or less.

The Board has remanded the cases for further development, including VA examinations to determine the nature and etiology of the Veteran's acquired psychiatric disorder and OSA.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain disabilities due to inadequate reasons and bases in the consideration of VA examinations conducted in December 2017.

The Board has determined that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to service-connected disabilities prior to October 19, 2011. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, qualifying for TDIU. His obstructive sleep apnea requires the use of a CPAP machine but does not meet criteria for a higher rating.

The Board has determined that the VA examinations used to rate the Veteran's service-connected disabilities are inadequate and remanded for further examination. The issues of rating higher than 20 percent for lumbosacral strain, rating higher than 10 percent for right knee strain with lateral and medical collateral ligament strain, status-post meniscal repair, service connection for left shoulder rotator cuff tear, service connection for right shoulder rotator cuff tear, and service connection for unspecified anxiety disorder are all remanded.

Service connection for chronic bronchitis and obstructive lung disease is granted due to exposure to burn pits in Djibouti.,Service connection for a scar on the left hand/thumb, a residual of a left hand/finger injury sustained during ADT, is granted.

The Board has determined that the VA examinations and medical opinions provided were inadequate for adjudicating the secondary service connection claim. Therefore, a remand is necessary to obtain an addendum opinion addressing whether the Veteran's OSA was caused or aggravated by his service-connected allergic rhinitis, bronchitis, or tinnitus.

The Board has granted service connection for the Veteran's right shoulder disability, left shoulder disability, bilateral plantar fasciitis, cervical spine disability, and lumbosacral spine disability, all of which are deemed to have begun during active duty.

The Board denied increased ratings for lumbosacral strain and left knee strain, finding that the Veteran's conditions did not meet criteria for higher ratings based on limitation of motion or other factors.

The Veteran's service-connected lumbosacral strain is currently rated at 20 percent and the Board has remanded this matter for a new VA examination to determine its current severity. The TDIU claim is also being remanded due to pre-decisional errors in the rating decision.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that her sleep apnea is not secondary to or otherwise related to her service-connected depression.

The Board denied service connection for sleep apnea as there was no evidence linking the condition to active service.

The Veteran's increased disability rating for headaches has been granted, and service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD) has also been granted.

The Board has dismissed the claims of entitlement to service connection for hypertension, sleep apnea, and COPD due to a failure to timely file a VA Form 10182.