Sleep apnea decisions — 2024

The Veteran's appeal for higher ratings for his lumbosacral strain, left and right lower extremity radiculopathy associated with the lumbosacral strain was denied. The current rating of 40 percent for lumbosacral strain is maintained.

The Board has granted service connection for the Veteran's claimed low back condition, cervical spine condition, right knee condition, left shoulder condition, bilateral ankle conditions, and obstructive sleep apnea. The Board also found that these conditions are at least as likely as not related to service.

The Board has determined that the Veteran does not have a current left knee disability or sleep apnea, and thus service connection for these conditions is denied.,For the right hip, left hip, right wrist, left wrist, and left shoulder disabilities, the Board has found insufficient evidence to determine their etiology and has therefore remanded these issues.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to inadequate opinions regarding secondary and direct service connection. A new opinion is needed using the 'but for' standard as per Federal Circuit precedent in Spicer v. McDonough.

The Board has remanded the claims of entitlement to service connection for obstructive sleep apnea and insomnia, as these conditions are claimed to be secondary to an acquired psychiatric disorder. The issues will be reconsidered after resolving the issue of service connection for depression.

The Veteran's claims for increased ratings and separate ratings for his lower extremity radiculopathies were denied. The Veteran's PTSD, right knee strain, lumbosacral strain with intervertebral disc syndrome, and sciatic nerve radiculopathy were all rated as 10 percent disabling or higher.

The Board has determined that the Veteran's sleep apnea began during his service and continues to this day, granting service connection for the condition.

The Veteran's effective dates for Dependents Educational Assistance (DEA) and special monthly compensation (SMC) based on housebound status are denied as they do not meet the criteria set forth in the applicable regulations.

The Veteran's July 2016 Notice of Disagreement (NOD) regarding the July 2015 rating decision was found to be untimely, and he submitted a new NOD in January 2017. The Board is remanding the case for proper appellate procedures.

The Board denied the Veteran's claim for an earlier effective date for a 50% rating for sleep apnea, finding that there was no ascertainable increase in severity of the disability within one year prior to June 12, 2018.

The Board has determined that the Veteran's obstructive sleep apnea began during service and continues after separation, granting service connection for this condition.

The Veteran's claims for increased evaluations and service connection are being remanded due to the receipt of new evidence that has not been considered by the agency of original jurisdiction (AOJ).

The Veteran's left wrist strain and right ankle sprain are not rated higher than 10 percent.,Service connection for left ear hearing loss is denied, as the Veteran does not have a present hearing disability for VA purposes.,Service connection for lumbosacral strain is remanded due to insufficient medical evidence on file.,Service connection for right knee strain is remanded due to inadequate opinion from the 2014 VA examination.,Service connection for hemorrhoids is not addressed in this decision.

The Veteran's claim for an earlier effective date for service connection of central sleep apnea with a 50% evaluation is denied as the earliest date service connection may be awarded is July 8, 2020.

The Board has denied service connection for Obstructive Sleep Apnea and remanded the issue of service connection for Posttraumatic Stress Disorder. The denial is based on lack of evidence linking OSA to active service, while the PTSD claim requires further examination and opinion.

The Veteran has withdrawn all appeals, including those for disability ratings and service connection. The Board dismissed the appeal due to the withdrawal.

The Veteran's sinusitis is granted as presumptively due to exposure in the Southwest Asia theater of operations. The issues regarding obstructive sleep apnea and thoracolumbar spine degenerative disc disease with IVDS are remanded for further examination.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea, considering whether his service-connected pansinusitis and/or allergic rhinitis or obesity as an intermediate step caused or aggravated his sleep apnea.

The Board has determined that the VA examinations and opinions provided were inadequate for the claims of service connection for various knee, ankle, lumbar spine, sleep apnea, and hearing loss disabilities. The Veteran's conditions are being remanded to allow for additional development.

The Board has granted service connection for obstructive sleep apnea and a cardiac disability, including sick sinus syndrome, AVNRT, and an implanted cardiac pacemaker. The Veteran's symptoms were present during his active duty service and continued after separation.