Sleep apnea decisions — 2024

The Board has decided to remand the case due to inadequate VA examinations and requests for additional evidence. The Veteran's claim for service connection for obstructive sleep apnea is being returned for further development.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's sleep apnea was aggravated by his service-connected hypertension and/or tinnitus. The case is being returned for further development.

The Board has remanded the case due to inadequate medical opinion and need for further development of the record.

The Board has remanded the case to obtain service treatment records from Tripler Army Medical Center in Hawaii for a diagnosis of sleep apnea during active duty. The Veteran's lay statements will be considered, and an addendum medical opinion will be requested to determine if his current sleep apnea is related to his military service.

The Board has remanded the issues of service connection for an immune disorder, muscle pain, a sleep disorder (including sleep apnea), and a skin disability due to further development being necessary. The Veteran's claims are currently pending.

The Veteran is seeking a higher rating for his lumbar spine disability due to muscle spasms and reduced movement. The Board has found that the December 7, 2022 initial rating decision did not consider all relevant evidence and thus remands the case for further evaluation.

The Board has granted an initial 40 percent evaluation for the Veteran's service-connected lumbosacral strain, effective from the date of his claim.

The claim for service connection for COPD is granted, effective August 10, 2022. The claim for service connection for sleep apnea secondary to PTSD is remanded.

The Veteran's claim for an initial rating higher than 50 percent for OSA is denied. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Board has decided to remand the claim for service connection for lumbosacral strain with degenerative disc disease and intervertebral disc syndrome due to insufficient evidence in the record regarding the etiology of the Veteran's back condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence to support a direct or secondary relationship between his current condition and his military service.

The Board has decided that the Veteran's sleep apnea is not related to his service-connected back disability and remands the case for further development, including obtaining an opinion on whether the sleep apnea had its onset in or is directly related to his active service.

The Board denied an increased disability rating for lumbosacral strain, finding that the Veteran's symptoms did not meet the criteria for a higher rating based on limitation of motion or neurological abnormalities. The evidence showed functional loss but no additional limitation beyond what is already reflected in the current 10% rating.

The Veteran's claim for service connection for chronic fatigue syndrome was denied. The Board found that the evidence did not establish a current diagnosis of chronic fatigue syndrome.,The Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected allergic rhinitis, is remanded due to inadequate VA opinions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not caused by and/or aggravated by his service-connected right ankle osteoarthritis and left ankle tendinitis with shin splint, including through obesity.

The Veteran's service connection claim for COPD is denied. The Board finds that there is no medical or scientific evidence to support a relationship between the development of COPD and exposure to herbicides and/or asbestos.,The appeals for increased disability evaluations for coronary artery disease post CABG, scar, post CABG, and bilateral hearing loss are dismissed because they result from a prohibited concurrent election under the modernized review system. The Veteran's claims for sleep apnea are remanded.

The Veteran's OSA requires the use of a continuous airway pressure (CPAP) machine but does not manifest in chronic respiratory failure with carbon dioxide retention or cor pulmonale and does not require a tracheostomy. The Board has granted a 50% evaluation for OSA as of February 14, 2018.

The Veteran's claims for service connection for hearing loss, tinnitus, lumbosacral strain, and flat foot are remanded due to inadequate VA examinations. The Board finds the provided examinations insufficient to determine if these conditions are related to service.

The Veteran's claims for higher initial ratings for various cervical, shoulder, and lumbar spine disabilities are being remanded due to incomplete service treatment records.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his service-connected musculoskeletal and psychiatric disabilities caused him to become obese, which was a substantial factor in causing his OSA. The decision resolves reasonable doubt in favor of the Veteran.