Sleep apnea decisions — 2024

The Veteran has withdrawn his appeals for the claims of right shin splint, left shin splint, mood disorder, sciatic radiculopathy (right lower extremity), lumbosacral strain, irritable bowel syndrome with gastroesophageal reflux disease and esophagitis, allergic rhinitis, sciatic radiculopathy (left lower extremity), and bilateral hearing loss.

The Veteran's tension headaches are rated at 30 percent effective December 28, 2022. The rating for lumbosacral strain, degenerative arthritis, and IVDS is granted at 20 percent effective December 28, 2022.

The Veteran's appeals for service connection for hypertension and lumbosacral strain have been dismissed due to the Veteran's death.

The Board has decided to remand the claim of service connection for lumbosacral strain due to insufficient rationale in the VA examiner's opinion and failure to consider certain evidence.

The Board has decided to remand the claims for service connection for PTSD and OSA due to errors in providing necessary notice and obtaining relevant military records.

The Veteran's claim for an increased rating of PTSD was denied, and the appeal to service connect Sleep Apnea was dismissed due to concurrent appeals.

The Veteran's claim for an effective date of April 23, 2019 for service connection for sleep apnea is granted. The AOJ should also determine the initial evaluation and when basic eligibility for DEA benefits was established.

The Board has granted service connection for allergic rhinitis on a presumptive basis due to exposure in the Southwest Asia theater of operations, specifically in Qatar. However, it denied service connection for obstructive sleep apnea and denied entitlement to a compensable rating for a right little finger condition.,The Veteran's appeal was remanded for further action regarding his claims for back, neck, left shoulder, right shoulder, hemorrhoids, and stomach conditions.

The Veteran's appeals for service connection for hypertension and lumbosacral strain have been dismissed due to the Veteran's death.

The Board has granted service connection for a low back disability, finding that it is at least as likely as not secondary to the Veteran's service-connected bilateral knee disabilities.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea (OSA) before the Board could make a decision.

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that it is proximately due to or the result of his service-connected bilateral knee disabilities.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's sleep apnea and its relation to his service, specifically his participation in a toxic exposure risk activity (TERA).

The Veteran's claim for a higher disability rating for migraine headaches was granted, effective May 6, 2015. The Board also found that the Veteran met the criteria for service connection of sleep apnea but denied it due to lack of evidence linking it to his military service.

The Veteran's appeals for service connection for hypertension and lumbosacral strain have been dismissed due to the Veteran's death.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD aggravates his OSA, and for consideration of additional medical literature submitted by the Veteran.

The Board has remanded the issues of service connection for fibromyalgia, chronic fatigue syndrome, sleep apnea, migraines, right shoulder disability, neck strain, and bilateral wrist disabilities due to inadequate medical opinions and other procedural errors.

The Veteran's lumbosacral strain disability was rated at 10 percent from August 10, 1990, to December 25, 2019. The Board denied a higher rating as the condition did not meet criteria for a higher rating based on VA regulations.

The Veteran's lumbosacral spine disability and digestive disorder are granted as service-connected, with the latter being considered a chronic undiagnosed illness related to his service in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran's lumbosacral strain was rated at 20 percent since March 3, 2016. The Board denied an increased disability rating in September 2023 and the Court issued a JMPR in July 2024, which remanded the issue to the Board for further consideration.