Sleep apnea decisions — 2024

The Veteran's lumbosacral sprain/strain disability was rated at 10 percent prior to May 13, 2023, and denied for a higher rating.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is approximately evenly balanced as to whether his sleep apnea had its onset in service. As a result, the decision grants this claim.

The Veteran's claim for an increased rating in excess of 40 percent for lumbosacral strain (lumbar spine disability) was denied. The Board found that the Veteran's lumbar spine disability has not manifested to unfavorable ankylosis, and thus a higher rating is not warranted.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis and lumbosacral strain, claimed as back sprain and low back strain, is denied.,The Veteran's claim for an initial rating in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood, claimed as chronic major depression and stress, is denied.

Service connection for carpal tunnel syndrome of the right wrist, lumbosacral strain, and gastroesophageal reflux disease (GERD) is denied.,Service connection for tension headaches remains pending as it has been remanded.

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for obstructive sleep apnea as secondary to a service-connected right knee disability. The appellant's claims must be remanded to provide an adequate VA examination and opinion that considers all theories of entitlement, including obesity as an intermediary cause.

The Veteran's claims for effective dates of service connection for patellofemoral pain syndrome and arthritis, right knee, with meniscal tear, and intervertebral disc syndrome and degenerative arthritis, lumbosacral spine (claimed as low back condition), were denied due to the lack of relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected PTSD.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for Obstructive Sleep Apnea (OSA) and his potential exposure to toxic environmental risks during service. The AOJ is required to obtain a TERA memorandum, an ILER entry, and a medical opinion considering the Veteran's reported exposures.

The Veteran's claim for increased ratings and service connection for various conditions related to his back disability have been denied. The low back disability is rated at 40 percent, effective November 16, 2022.

The Veteran's lumbosacral strain disability is currently rated at 10 percent, and the Board finds that a higher rating of more than 10 percent is not warranted based on the evidence provided.

The Board has restored the Veteran's 20 percent rating for lumbosacral strain and remanded his claims regarding hypertension and cervical strain.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disability and lumbar spine disability, with obesity acting as an intermediate step.

The Veteran's service-connected other specified trauma and stressor related disorder is found to have caused weight gain, which in turn led to his current diagnosis of sleep apnea. Service connection for sleep apnea is granted as secondary to the service-connected condition. The Veteran's lumbar spine degenerative disc disease and bulging disc are not manifested by forward flexion of 30 degrees or less, nor by favorable ankylosis, so a rating greater than 20 percent is denied.

The Veteran's sleep apnea was first diagnosed during active service in 2018, and the Board has found that it is related to his military service. Therefore, service connection for sleep apnea is granted.

The Board has granted earlier effective dates for the awards of service connection for COPD and sleep apnea, special monthly compensation based on housebound criteria being met, and basic eligibility to Dependents' Educational Assistance (DEA) based on permanent and total disability status. These awards are effective from November 16, 2020.

The Board has remanded several service connection claims for further development, including those for pes planus, left wrist cyst disability, gastrointestinal disability (separate from chronic constipation), cardiovascular disability, hypertension, obstructive sleep apnea (OSA), fatigue disability, headache disability, left knee disability, back disability, right shoulder disability, left shoulder disability, and right wrist disability. The gastrointestinal claim was expanded to include any gastrointestinal disability separate from the already service-connected chronic constipation.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis of sleep apnea is related to his active military service.

The Veteran's claim for bilateral hearing loss disability is denied as there is no evidence of a current disability.,The issue of service connection for headache (Tension Headaches) is dismissed because the AOJ implicitly granted service connection in a prior decision.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's OSA was caused or aggravated by his service-connected PTSD, and thus grants service connection for OSA as secondary to PTSD.