Sleep apnea decisions — 2024

The Board has remanded the case for further development, including obtaining service personnel records and VA medical opinions to address direct, secondary, and aggravation service connection claims for OSA.

The Veteran's appeal for increased ratings for bilateral lower extremity radiculopathy and a lumbar disorder has been dismissed due to the Veteran withdrawing his appeal. The Board is remanding the claims for obstructive sleep apnea (OSA) and total rating based on individual unemployability (TDIU).

The Veteran withdrew their appeal, so the Board dismissed the case.

The Board has identified additional evidence that was not considered in the previous decision and has requested a waiver for its consideration. The claims are being remanded to allow for readjudication of these issues.

Your appeal for a higher disability rating for lumbosacral strain has been dismissed as the appellant requested withdrawal of the appeal.

The Board has found that substantial compliance is not established with the prior remand directives and thus, the matter of service connection for obstructive sleep apnea is being remanded again. The Veteran's lay testimony about a surgery during active duty causing his current sleep apnea is not addressed by the VA examiner in October 2023.

The Board has determined that the Veteran's claims for an earlier effective date for PTSD and service connection for obstructive sleep apnea are remanded due to insufficient evidence.

The Board has granted the Veteran's petition to reopen his claim for service connection for obstructive sleep apnea and has determined that he is entitled to service connection on a direct basis.

The Board denied service connection for degenerative disease of the cervical spine and lumbosacral strain, finding that there is no evidence of chronic conditions related to service.,Service connection was also not granted for hypertension due to a remand.

The Veteran's lumbar spine, left hip arthritis, and right hip arthritis have been granted service connection. The left ankle strain has also been granted as secondary to the Veteran's service-connected bilateral knee disabilities.,Service connection for these conditions is established based on direct evidence of their occurrence during military service.

The Veteran's service-connected unspecified depressive disorder is found to be secondary to his bilateral hearing loss, and therefore service connection for this condition is granted. The Board also finds that hypertension and obstructive sleep apnea are likely caused by or aggravated by the Veteran's service-connected unspecified depressive disorder.

The Board has remanded the Veteran's claims for hypertension, sleep apnea, and lumbar spine disorder due to inadequate opinions from the July 2023 VA examiner. Additional TERA exposure assessments are needed.

The Board has determined that there is not sufficient evidence to support a finding of service connection for OSA, as the Veteran's in-service sleep problems do not raise reasonable doubt that OSA was present during service. The Board also found no link between OSA and his service-connected Insomnia.

The Veteran's claim for service connection for sinusitis is denied as there is no current disability. The initial compensable rating for bilateral hydrocele is also denied due to lack of evidence of atrophy or removal of both testes.,Multiple issues related to the Veteran's service-connected disabilities are remanded, including lumbosacral strain, allergic rhinitis, groin strain, convergence insufficiency, restless leg syndrome, eczematosis, serborrheic dermatitis, TBI with associated migraine headaches and PTSD, right knee strain, and GERD. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Veteran's claim for an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease and IVDS is denied.,The Veteran's claims for higher evaluations for right lower extremity radiculopathy involving sciatic nerve and left lower extremity radiculopathy involving sciatic nerve are granted, but only effective from May 11, 2017.,The Veteran's claims for service connection for a sleep disorder, right ankle disorder, left ankle disorder, and left foot disorder remain pending and are remanded.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD.,The Veteran's neck condition is granted based on a motor vehicle accident during service.

The Board has remanded the Veteran's claims for bilateral hearing loss, lower back condition with left leg condition, and respiratory condition (including obstructive sleep apnea and allergic rhinitis) due to a lack of adequate medical examination or opinion. The AOJ is instructed to obtain any outstanding VA treatment records, schedule the Veteran for an appropriate VA examination, and adjudicate her claim for allergic rhinitis on a direct basis and under the PACT Act.

The Veteran's PTSD, generalized anxiety disorder, and major depressive disorder are related to in-service stressors.,The Veteran's alcohol use disorder is secondary to his service-connected PTSD, generalized anxiety disorder, and major depressive disorder. His pancreatitis is also secondary to his alcohol use disorder.

The Veteran's claims for a higher rating for PTSD, service connection for sleep apnea, and service connection for a right knee disorder are remanded due to the need for additional development including VA examinations.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his condition did not begin during service and is otherwise not etiologically related to service.