Sleep apnea decisions — 2024

The Veteran's claims for service connection for sleep apnea, bilateral hearing loss, and esophagitis are being remanded due to insufficient evidence.,Specifically, the VA examination did not provide adequate rationale regarding the Veteran's exposure to burn pits and fine particulate matter during his service in Southwest Asia.

The Veteran's service connection claims for various conditions, including unspecified trauma and stressor-related disorder, lumbosacral strain, bilateral foot xerosis, bilateral shoulder impingement syndrome, right elbow disability manifested by pain, bilateral foot acquired pes planus and plantar fasciitis, left elbow lateral epicondylitis and tendinitis, left knee patellofemoral pain syndrome, left foot acquired pes planus and plantar fasciitis, and erectile dysfunction are all granted.

The Board has remanded the claims for service connection due to errors in the duty to assist, particularly regarding examinations and opinions related to the Veteran's right hand disability, eye disability, and obstructive sleep apnea.

The Veteran withdrew his appeal in its entirety before the Board could make a decision, thus the appeal is dismissed.

The Board has determined that there was a duty to assist error and requires the AOJ to complete development regarding whether sleep apnea (OSA) is caused by or aggravated by the Veteran's service-connected depressive disorder.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to a pre-decisional duty to assist error. The VA has not taken reasonable efforts to obtain the relevant private treatment records, including MRI results and physical therapy records.

The Board denied the Veteran's request for an earlier effective date of July 16, 2020 for a 40 percent rating for his low back disability. The Board found that there was no medical evidence showing a factually ascertainable increase in symptoms prior to this date.

The Veteran withdrew her appeals for all listed conditions, resulting in the dismissal of these claims.

The Veteran's service-connected disabilities render him unable to secure or follow substantial gainful employment, consistent with his training and experience as an over-the-road truck driver.

The Veteran's left ankle disability and obstructive sleep apnea are remanded due to duty-to-assist errors. The VA will obtain medical records for the Veteran's ankle ligament repair, provide a new opinion on the etiology of his left ankle disability, and address whether his service-connected lumbar spine disability could have contributed to his obesity, which may be an intermediate step in establishing secondary service connection for sleep apnea.

The Veteran's rhinitis is not rated higher than the current 10 percent rating.,A 40 percent rating for left sciatic nerve disability is granted. The Veteran's right ankle and right knee conditions are remanded to determine if they are secondary to service-connected disabilities, and a sleep apnea claim is also remanded.,The Veteran's right ankle condition may be related to his service-connected left ankle condition, but further examination is needed to confirm this. His right knee condition is also remanded for similar reasons.,His right knee condition may be related to his service-connected left knee condition, and a sleep apnea claim is also remanded.,The Veteran's sleep apnea may be related to his service-connected rhinitis, but further examination is needed to confirm this.

The Board has remanded the Veteran's claims for service connection for asbestosis and obstructive sleep apnea due to exposure to toxins during military service, including asbestos, fuel, oil, and other chemicals. The VA is required to obtain medical opinions addressing the relationship between these conditions and the Veteran's in-service exposures under the PACT Act.

The Veteran's application to revise the September 1997 rating decision based on clear and unmistakable error (CUE) for a compensable rating for tinnitus was denied. The appeal is also denied regarding service connection, increased ratings, earlier effective dates, and TDIU.

The Veteran's claims for increased ratings and service connection were denied. The right large toe status post-surgery claim is denied, while the chronic right wrist sprain and obstructive sleep apnea claims are remanded.

The Board remands the Veteran's claims for service connection for GERD, OSA, and a throat condition to obtain additional evidence regarding their etiology.

The Board remands the claim for service connection for obstructive sleep apnea to correct a duty to assist error related to an inadequate VA examination.

The Board has determined that the VA examination provided was incomplete, as it did not address both causation and aggravation aspects of secondary service connection. The Veteran's claim for service connection for obstructive sleep apnea on a secondary basis to service-connected PTSD and GERD is remanded for further development.

The Board granted an initial rating of 50 percent for obstructive sleep apnea (OSA), resolving all reasonable doubt in the Veteran's favor.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected post-traumatic stress disorder with major depressive disorder.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus has been denied as the evidence does not support a higher evaluation.,Service connection for bilateral hearing loss is denied because there is no current diagnosis or evidence that the Veteran had a hearing loss disability at any time during the pendency of the appeal.