Sleep apnea decisions — 2024

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is proximately due to and/or aggravated by obesity caused by his service-connected thoracic spine degenerative arthritis.

The Veteran's appeal for a rating in excess of 50 percent for obstructive sleep apnea (OSA) with bronchial asthma, as well as separate compensable ratings for OSA and bronchial asthma, has been denied. The medical evidence does not support the need for higher ratings based on current disability levels.

The Veteran's service-connected back disability was not manifested by unfavorable ankylosis of the entire thoracolumbar spine, nor incapacitating IVDS episodes having a total duration of at least 6 weeks during a 12 month period. As such, his claim for a higher rating is denied.

The Veteran's PTSD rating was reduced from 70% to 50%, effective April 5, 2022. The reduction is being restored due to the lack of evidence showing improvement in her ability to function under ordinary conditions. For the lumbosacral strain claim, a remand is required as the VA examination did not adequately assess the Veteran's flare-ups.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected diabetes mellitus type II with peripheral neuropathy due to insufficient medical opinions and need for a new opinion.

The Veteran's claim for service connection for a sleep apnea disorder is denied as there is no current diagnosis of the condition.,An increased disability rating of 40 percent for left lower extremity sciatic radiculopathy from August 11, 2022, is granted.

The Board has decided to remand the case due to a failure to provide a VA examination for service connection of OSA. The Veteran's current OSA is being evaluated, and its relation to his military service will be determined.

The Board has determined that there is a need for additional examination to address the secondary service connection claim, as previous opinions were inadequate. The Veteran's OSA may be related to his service-connected sinusitis and low back disability.

The Veteran's asthma with chronic bronchitis and obstructive sleep apnea is rated at 60 percent, which is the maximum rating available under Diagnostic Code 6602. The Veteran does not meet the criteria for a higher rating as his FEV-1/FVC ratio is within normal limits and he does not require daily use of systemic corticosteroids or immuno-suppressive medications.

The Board has remanded the claim of service connection for obstructive sleep apnea, as secondary to his service-connected bilateral knee disability. The case will be returned to obtain a medical opinion addressing whether the Veteran's service-connected bilateral knee disabilities caused or aggravated his obesity and if that obesity contributed to his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service, and therefore grants the claim for service connection.

The Board denied service connection for sleep apnea and memory loss as the evidence did not support a finding that these conditions began during active service or were otherwise related to an in-service injury, event, or disease.

The Board denied service connection for rectal bleeding and polyps, finding that the condition clearly and unmistakably preexisted service and was not aggravated by it. The other claims were remanded for further development.

The Board remands the issues of service connection for sleep apnea, a headache disability (migraines), an increased evaluation for asthma with COPD, and entitlement to TDIU due to the need for new medical nexus opinions.

The Veteran's service-connected disabilities, including PTSD, unspecified insomnia disorder, alcohol abuse, obstructive sleep apnea, basal cell carcinoma, tinnitus, GERD, bilateral hearing loss, and erectile dysfunction, render him unable to secure or follow substantially gainful employment. The Board has granted a TDIU.

The Board has reopened the Veteran's claims for service connection for left knee disorder, OSA, diabetes mellitus type II, and kidney disorder. The appeals are remanded to obtain additional medical opinions and evidence.

The Veteran's appeal is remanded for further development regarding his claim of service connection for a LEFT shoulder disorder and cervical spine disorder, as well as the denial of SMC at the K-rate on account of 'loss of use' of the LEFT foot.

The Veteran's service-connected conditions do not meet the criteria for financial assistance in purchasing an automobile or other conveyance due to lack of permanent loss of use of one or both feet, hands, or vision.

The Veteran's hypertension, diabetes mellitus, type II, and OSA are granted as service-connected.,Service connection for GERD is remanded due to insufficient evidence on whether it is secondary to his service-connected conditions.

The Board has determined that the current evidence is insufficient to resolve the claim of service connection for obstructive sleep apnea (OSA), and thus, remands the matter for a new VA examination.