Sleep apnea decisions — 2024

The Veteran's claims of service connection for PTSD, left ear hearing loss, right ear hearing loss, lumbosacral strain, and knee disabilities were denied. The Board found that new and material evidence was not presented to reopen any of these claims.

The Board has decided that the remand for an addendum opinion regarding the etiology of the Veteran's sleep apnea is necessary due to inadequate development and findings in previous opinions.

The Veteran's left shoulder strain is rated at 20% since July 29, 2006. The current rating for his lumbosacral strain with degenerative arthritis of the spine remains at 20% from October 24, 2017.,Prior to April 21, 2023, the Veteran's claim for TDIU was denied. From April 21, 2023, the matter is moot as a 100% schedular rating has been assigned with entitlement to Special Monthly Compensation (SMC).

The Board has decided to remand the case due to questions regarding whether the Veteran's lumbar spine disability is equivalent to ankylosis during flare-ups, passive range of motion, or repetitive use testing due to pain. The AOJ will need to review additional evidence and provide a new rating decision.

The Board has determined that the remand is necessary to obtain a proper medical opinion regarding the Veteran's back condition, as well as his spina bifida occulta and lumbosacral transitional vertebrae. The examiner must determine if there was any increase in disability during service or if any increase was due to natural progress of preexisting conditions.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is secondary to his service-connected posttraumatic stress disorder.

The Board has decided to remand the case due to insufficient compliance with previous remand directives and a need for further development, including obtaining an updated opinion from a medical examiner.

The Veteran's appeals for earlier effective dates and service connection claims have been remanded due to insufficient development of medical records and exposure history.

The Veteran's claim for service connection for a low back disability secondary to his right knee disability has been granted.,However, the Veteran's claim for service connection for obstructive sleep apnea was denied as there is no evidence of its onset in service or due to any service-connected condition.

The Veteran's claims for service connection for sleep apnea and bilateral foot disability (claimed as frostbite of the feet) are remanded due to insufficient medical opinions regarding their relationship to service. Additional VA treatment records must be obtained, and new medical opinions are needed to address whether these conditions are related to toxic exposure risk activities or service-connected disabilities.

The Board has remanded the case due to inadequate opinions regarding service connection for OSA secondary to PTSD and inservice onset of OSA. A TERA examination is also required.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected PTSD and remanded the issues of service connection for GERD and an eye disability, including glaucoma and cataracts.

The Veteran's left ankle strain and degenerative joint disease of the left first metatarsal are currently rated at 10 percent each, with no higher ratings allowed under current regulations.,The Veteran's lower extremity radiculopathy and compression parasthesia associated with lumbosacral strain since March 17, 2023 is also rated at 10 percent.

The claim for service connection for obstructive sleep apnea (OSA) secondary to PTSD has been reopened, but the issue is remanded due to new evidence and a need for further examination.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected chronic maxillary sinusitis and rhinitis, but also notes that obesity may be a contributing factor. The case is being remanded for further development.

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's lumbosacral spine disabilities to his military service.

The appeal of the service connection for obstructive sleep apnea, secondary to PTSD with depression and anxiety, is dismissed as the Veteran withdrew his appeal in the Legacy system.

The Veteran's service-connected PTSD, anxiety, and depressed mood are granted. His OSA is rated at the maximum allowable rating of 50 percent. The right ankle sprain and TBI residuals as of April 18, 2019, each receive a 50 percent rating.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during service and have continued since then.

PTSD service connection is dismissed.,Right and left knee disabilities are characterized by pain and limited range of motion in flexion and extension. The Veteran's right knee disability warrants a rating of 20 percent, but no higher, from December 10, 2020. Left knee disability also warrants a rating of 20 percent, but no higher, from the same date.,Cervical strain is characterized by pain and limitation of motion. The Veteran's cervical strain warrants a rating of 30 percent, but no higher, since December 10, 2020.,Lumbosacral strain is characterized by forward flexion limited to fewer than 30 degrees from the date specified. From that date, it warrants a rating of 40 percent, but no higher.,Left and right lower extremity radiculopathy are secondary to lumbosacral strain.