Sleep apnea decisions — 2024

The Board has remanded the claims for service connection for OSA and RLS due to incomplete development. The Veteran's exposure to herbicides is not considered in determining service connection.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected cervical spine disabilities. The examiner must provide an opinion on this issue.

The Board has granted service connection for headaches as secondary to service-connected allergic sinusitis. The issues of whether the character of discharge and service connection for psychiatric disorders, chronic fatigue syndrome, sleep apnea, arthritis of the cervical spine, and arthritis of the thoracolumbar spine are remanded.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) from February 20, 2015 to January 3, 2021 due to service-connected seizure disorder. Simultaneously, SMC at the housebound rate was also granted for this period.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions and rating determinations. The main reasons are to obtain missing service treatment records and private medical records, as well as to determine whether new evidence supports reopening of certain claims.

The Veteran's appeal for increased ratings and service connection has been withdrawn.,New evidence received since the last final denial supports reopening of claims for service connection.

The Veteran's claim for bilateral hearing loss disability has been denied as there is no current diagnosis of a disability that meets VA criteria.,PTSD and lumbar spine disability ratings are remanded due to the need for updated examinations.

The Board has remanded the Veteran's claims for initial disability ratings for lumbosacral strain and left hip status post joint replacement due to outstanding medical records and a need to verify the qualifications of the June 2022 VA examiner.

The Veteran's lumbosacral strain with degenerative arthritis and spinal stenosis was rated at 20 percent from October 3, 2008 to November 13, 2011. The rating was increased to 40 percent effective November 14, 2011.

The Veteran's claims for increased ratings for degenerative arthritis of the lumbosacral spine and scars, back, status post shave biopsy were denied. The rating for degenerative arthritis was not granted as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for service connection for a lumbar spine disability was denied due to lack of evidence. New and material evidence has not been received since the last denial.,The Veteran's claim for service connection for GERD was reopened as new and material evidence related to his current diagnosis was submitted.

The Board found that the Veteran is currently employed as a police officer, which means he cannot meet the criteria for TDIU due to his service-connected disabilities.

The Board has remanded the case due to lack of substantial compliance with previous remands, and additional opinions are needed regarding the etiology of the Veteran's obstructive sleep apnea (OSA).

The Veteran's service connection claims for hypertension, obstructive sleep apnea (OSA), and glaucoma have been denied. The Board found that OSA is not related to herbicide exposure in Vietnam.,Service connection for OSA was granted based on the PACT Act presumption of herbicide exposure during service in Vietnam.

Service connection is granted for diabetes mellitus type II and obstructive sleep apnea.,Service connection is granted for GERD. The Veteran's right upper quadrant pain (to include residuals of gallbladder removal) and skin condition are also service connected due to exposure to burn pits in Somalia, while generalized arthritis is presumed based on Gulf War Service.,The Veteran's claims for fibromyalgia, cataracts, and bilateral hearing loss have been withdrawn by the appellant.

The Board has found that the record is incomplete and requires additional service records to be associated with the claims file. The Veteran's psychiatric, low back, right wrist, bilateral foot, and sleep apnea disabilities are also remanded for further examination and opinion.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for neuropathy of the hands and feet, diagnosed as Stevens-Johnson Syndrome (SJS), is granted. The Board finds that the additional disability was not reasonably foreseeable by a reasonable healthcare provider when medication was prescribed by VA in 2017.

The Veteran's appeal includes claims for service connection for an acquired psychiatric disorder, a higher rating for IVDS with degenerative arthritis and strain of the lumbosacral spine, and right lower extremity radiculopathy, sciatic nerve. The effective dates for the ratings assigned are also being remanded.,Additional development is needed to address the Veteran's claims regarding his acquired psychiatric disorder, as well as his service-connected IVDS with degenerative arthritis and strain of the lumbosacral spine and right lower extremity radiculopathy.

The Veteran's tinnitus, obstructive sleep apnea (OSA), and low back disability are all found to be at least as likely as not due to his active-duty service.,The Veteran's OSA is also found to be at least as likely as not proximately due to his service-connected major depressive disorder.

The Veteran's lumbosacral strain and cervical strain have been granted initial disability ratings of 10%, 20% respectively, with the lumbosacral strain rating increased to 40% effective May 8, 2023.