Sleep apnea decisions — 2024

The Board has reopened the claim for service connection of unspecified arthritis, obstructive sleep apnea, and erectile dysfunction. The issues of increases in the ratings assigned for adjustment disorder with depressed mood and a rating in excess of 20 percent for lumbosacral strain are being remanded.

The Veteran's service connection claim for obstructive sleep apnea secondary to his service-connected depressive disorder is granted.,The Veteran's service connection claims for degenerative arthritis, lumbar spine (claimed as low back pain), migraines, and hypertension are remanded due to insufficient medical opinions addressing the relationship between these conditions and their respective service-connected disabilities.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted.,The Veteran's claim for an effective date earlier than May 8, 2018, for the grant of service connection for radiculopathy of the right upper extremity is denied. The cervical spine disability was not pending or unadjudicated prior to May 8, 2018.

The Board has determined that a remand is necessary to obtain updated VA treatment records and provide the Veteran with an opinion regarding the nature, etiology, and relationship of his sleep apnea to service and his service-connected PTSD.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions regarding the etiology of his migraine headaches, sleep apnea, restless leg syndrome, and lumbar spine condition. The appeals are currently pending.

The Board has remanded the Veteran's claims for service connection for sarcoidosis and obstructive sleep apnea due to inadequate medical opinions regarding in-service asbestos exposure, obesity caused by service-connected conditions, and the relationship between sarcoidosis and OSA.

The Board has remanded the claims for increased ratings for lower back disorder, right and left lower extremity radiculopathy due to non-compliance with previous remand directives.

The Veteran has withdrawn his appeals for service connection for PCB, red lead paint, zinc and mercury exposure, sleep apnea, and shortness of breath.

The Veteran's appeal for increased ratings on multiple conditions, including PTSD with depression, lumbosacral strain, and radiculopathy associated with lumbosacral strain, has been remanded due to the addition of new evidence since the last Supplemental Statement of the Case (SSOC).

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not associated with his service-connected PTSD and GERD, granting service connection for this condition on a secondary basis.

The Board has granted service connection for OSA, left knee joint osteoarthritis, degenerative arthritis of the lumbar spine (back), degenerative arthritis of the cervical spine (neck), and headaches. The Veteran's conditions are found to be at least as likely as not related to his military service.,The decision also remanded the issue of service connection for right knee joint osteoarthritis.

The Board has remanded the cases for further medical opinions to address whether the Veteran's low back condition and ED are related to service or service-connected conditions.

The Veteran's appeal is remanded for further development and examination due to missing service medical records, conflicting evidence regarding qualifying Southwest Asia service, and incomplete information about the nature of his conditions.

The Board has remanded the Veteran's claims for sleep apnea, headaches, and hypertension due to inadequate opinions in previous VA examinations. The cases are returned to the AOJ for further development.

The Veteran's lumbosacral strain, including degenerative disc disease and degenerative joint disease, was granted a 50 percent rating effective November 1, 2022. The appeal remains on appeal as the Veteran has not expressed satisfaction with this increased rating.

The Veteran's claim for service connection for hypertension remains denied.,The Veteran's claim for service connection for tinnitus remains denied.,The Veteran's reopened claim for service connection for sleep apnea, including secondary to service-connected disabilities, is granted.

The Board has remanded the claims for additional development due to missing VA treatment records and a need for an additional medical opinion regarding the etiology of the Veteran's sleep apnea. The issues include rating increases for lumbar spine disorder, increased rating for LLE radiculopathy, service connection for sleep apnea, and TDIU.

The Veteran's tinnitus and OSA are granted as service-connected. Tinnitus is presumed due to in-service acoustic trauma, while OSA is found secondary to his service-connected PTSD.

The Board has dismissed the appeal for service connection on four issues: right shoulder disability, depression, obstructive sleep apnea, and right ear hearing loss due to an administrative error in docketing the case twice under identical numbers.

The Board denied the Veteran's appeal as the July 5, 2019, VA Form 9 was not timely filed. The claims for service connection were decided on the merits and found to be denied.