Sleep apnea decisions — 2024

The Board found that the Veteran's combined disability rating was correctly calculated as 80 percent prior to September 4, 2019. A higher combined rating is not warranted.

The Veteran's claim for service connection for a lumbosacral strain is being remanded due to the need for information regarding the competence of the VA examiner who conducted her back examination.

The Board has granted the Veteran's claims for secondary service connection for sleep apnea and GERD, finding that both conditions are related to his service-connected spinocerebellar ataxia and sleep apnea respectively.

The Board has remanded the Veteran's claims for service connection due to unresolved issues regarding in-service stressors, medical opinions needed, and verification of certain conditions. The appeals are now pending again with the VA.

The Board has denied a rating in excess of 20 percent for the Veteran's radiculopathy-left extremity sciatic nerve and remanded the issues regarding earlier effective date for TDIU and increased rating for lumbosacral spine.

The Board denied the Veteran's claim for service connection for sleep apnea, finding no current diagnosis of the condition and insufficient evidence to establish a link between his in-service symptoms and any diagnosed disability.

The Veteran's appeal for service connection for obstructive sleep apnea is dismissed as the VA granted his claim in November 2023, effective October 22, 2015.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not caused or aggravated by his military service and did not have a direct relationship to his service-connected psychiatric disabilities.

The Board has remanded the claims for service connection for multiple myeloma and lumbosacral strain secondary to multiple myeloma due to the in-service occurrence of symptoms that may be related to these conditions, but a definitive diagnosis is lacking. A medical opinion is needed to determine if the current diagnoses are at least as likely as not due to service.

The Board has remanded the case due to inadequate medical opinions regarding service connection for sleep apnea and whether obesity is an intermediate step between service-connected disabilities and sleep apnea. The Veteran's claim will be reconsidered with new medical opinions.

The Veteran's claims for an effective date prior to June 14, 2017 and for a higher initial rating from June 14, 2017 for lumbosacral spine strain with degenerative disc disease are dismissed.,The Veteran's claim for an earlier effective date of May 8, 2013 for the grant of an initial 10 percent rating for residuals of a left tibia fracture is denied. The Veteran's claim for an initial 20 percent rating, but no higher, for residuals of left tibia fracture is granted.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's service-connected schizophrenia caused or aggravated his obesity, which in turn led to his obstructive sleep apnea. The VA examiner needs to provide more specific and detailed opinions on these issues.

The Board has remanded the Veteran's claims for GERD and obstructive sleep apnea due to conflicting medical evidence regarding current diagnoses, need for a TERA opinion, and potential service connection based on presumed exposure to burn pits.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to provide the necessary VA examinations. The PACT Act does not apply as the Veteran is not a Persian Gulf Veteran.

The Board has reopened the Veteran's claims for service connection for right and left knee conditions, but has remanded these issues due to new evidence submitted by the Veteran. The claim for sleep apnea is also remanded.

The Board has remanded the Veteran's claims of service connection for sleep disability, bilateral knee disability, cervical spine disability, and left hand disability due to insufficient opinions regarding their relationship to his service-connected disabilities. The VA is required to obtain additional treatment records and provide adequate medical opinions on whether these conditions are related to or aggravated by his service-connected disabilities.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling examinations.

The Board has remanded several issues for further development and rating decisions, including service connection claims and initial ratings for various conditions. The Veteran's sleep apnea remains at a 50% rating due to the use of a CPAP machine but no evidence of respiratory failure or cor pulmonale. For thoracic muscle strain, the Veteran received a 20% rating based on limited range of motion. GERD and allergic rhinitis were granted initial ratings of 30% and 40%, respectively. Migraines are rated at 50% effective January 2, 2018. Service connection claims for hearing loss, chronic fatigue syndrome, fibromyalgia and arthralgias, sinusitis, TBI, vertigo and dizziness, memory loss and concentration, left knee disability, and right knee disability are all remanded.

The Veteran's claims for service connection have been granted for right and left knee disorders due to new and material evidence. The remaining issues, including those related to the right forearm/elbow disorder, right hip disorder, left hip disorder, obstructive sleep apnea, and residuals of head injury, are being remanded.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not caused by or aggravated by his service-connected disabilities. The back condition claim was reopened but remains denied.