Sleep apnea decisions — 2024

The Veteran's claims for service connection for fibromyalgia, tinnitus, a sleep disorder (OSA), and allergic rhinitis have been reopened.,Service connection has been granted for these conditions.

The Board has remanded the cases for further examination and opinion regarding service connection for sleep apnea, bilateral leg pain, and hypertension. The Veteran's hearing loss is denied as noncompensable.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board has denied a higher rating. The Veteran's impaired anal sphincter control associated with hemorrhoids is also rated as noncompensable.,For OSA and knee disorders, remand is required to obtain addendum opinions addressing whether these conditions are related to service or caused by obesity resulting from service-connected disabilities.

The Board has remanded the Veteran's claims due to incomplete records and insufficient evidence. The Veteran is required to provide private medical records, including from Drs. Jeffery Landis, Manish Rai, Nisha Das, and Nasseri Clinic. TERA examinations are needed for sleep apnea, chronic fatigue, skin rash with blisters, and joint pain.

The appeal of the issue of entitlement to service connection for a sleep condition is dismissed.,Service connection for tinnitus is granted.

The Board has remanded the issues of service connection for a lumbosacral disability, gastroesophageal reflux disease (GERD), and alopecia due to new evidence submitted by the Veteran.

The Board has remanded several issues related to the Veteran's service connection claims, including onychomycosis, hypertension, bleeding ulcers, amblyopia (left eye injury), diabetes mellitus, sleep apnea, and heart disorder. The remand includes obtaining VA treatment records from VistA Imaging, preparing a TERA memorandum for Camp Lejeune service, and obtaining medical opinions regarding the etiology of the Veteran's disabilities.

The Veteran's PTSD warrants a 100 percent disability rating, with total occupational and social impairment.,Bilateral hearing loss is not service connected as there is no current disability for VA compensation purposes.,Service connection for OSA is granted as it is at least as likely as not secondary to the Veteran's service-connected PTSD.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there was no in-service incurrence and insufficient evidence to establish a nexus between current sleep apnea and service.

The Veteran's PTSD with depressive disorder is rated at 70 percent, but the Board finds that a higher rating is not warranted.,The Veteran's spinal stenosis is currently rated at 20 percent and the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's left lower extremity femoral nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's right lower extremity femoral nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's bilateral hearing loss is not compensable and the Board has remanded for further development to determine if a compensable rating is warranted.,The Veteran does not have current diagnoses of obstructive sleep apnea or a sleep disorder, but the Board has remanded for further development to determine if service connection is warranted.,The Veteran does not have current diagnoses of a neck nerve disorder and the Board has remanded for further development to determine if service connection is warranted.

The Board has remanded the cases due to insufficient medical opinions regarding the Veteran's claimed psychiatric disorder and obstructive sleep apnea, as well as obesity. The claims are being returned for further development.

The Veteran's low back disorder and radiculopathy were granted increased ratings, with the low back disorder receiving a 20 percent rating from August 24, 2012, to July 13, 2023, and a 40 percent rating since July 14, 2023. The Veteran's right lower extremity radiculopathy received a 20 percent rating since January 22, 2014, and the left lower extremity radiculopathy received a 20 percent rating since January 22, 2014.

The Board has remanded the case due to issues raised in a Joint Motion for Partial Remand and a Joint Memorandum Request, including whether asthma caused obesity leading to sleep apnea.

The Veteran's claim for service connection for low back pain is reopened, and he is granted service connection. The right ankle disability rating is denied, and the PTSD rating remains at 30%. The case is remanded for further review.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms are related to his active duty service and resolving reasonable doubt in his favor.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain with degenerative disc disease was denied. The appeal is not about service connection at all, as the disability is decided on its merits.

The Veteran's service connection claim for obstructive sleep apnea is granted, as the Board finds that his current diagnosis of OSA began during active service and resolves all reasonable doubt in his favor.

The Board has remanded the case due to insufficient compliance with previous remand directives and inadequate explanation of reliance on medical opinions. The Veteran's sleep apnea claim will be reconsidered, including obtaining additional service records and a new VA examination.

The Veteran is granted a TDIU and SMC based on housebound status from August 19, 2019 due to his service-connected anxiety with depression associated with degenerative disc disease.

The Veteran's petition to reopen his claims for service connection for left pterygium and melanoma was granted. The claim of service connection for prostate disorder is dismissed as moot, and the effective dates for bilateral carpal tunnel syndrome are denied.