Sleep apnea Board decisions

The Board has decided to remand the case due to a duty-to-assist error and the need for additional opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to his service-connected disabilities or aggravated by them.

The Board has granted an effective date of April 29, 2014 for the grant of service connection for lumbosacral strain. The Veteran's claim was pending due to new and material evidence submitted within a year of the July 2015 rating decision.

The Veteran's lumbosacral strain with degenerative joint disease, L5-S1, and IVDS was rated at 40% for the period from March 6, 2020, to February 5, 2021. The rating is denied as his disability did not meet criteria for a higher rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy contributed to his obesity, which in turn caused or aggravated his sleep apnea.

The Veteran's sleep apnea and hypothyroidism (previously rated as hyperthyroidism) have been granted service connection, with the rating for hypothyroidism restored to 30 percent effective October 17, 2017.

The Veteran's lumbosacral spine disease is rated at 10 percent, the lowest available rating under VA regulations. The evidence does not support a higher rating as there is no objective medical evidence of forward flexion less than 60 degrees or combined range of motion greater than 120 degrees.

The Board has decided to remand the case due to a duty to assist error and the need for additional medical opinions regarding service connection for obstructive sleep apnea. The Veteran's exposure during service as a Persian Gulf Veteran is considered, but an addendum opinion on aggravation by service-connected conditions is needed.

The Board has granted service connection for obstructive sleep apnea and remanded the issues of initial compensable rating for left ear hearing loss and service connection for right ear hearing loss.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea was caused by his service-connected adjustment disorder, and thus grants service connection for this condition.

The Board has dismissed the Veteran's appeal for entitlement to service connection for a right ear hearing loss disability due to failure to comply with the appropriate claims processing defect.,The evidence of record does not support finding that the Veteran had a left knee or right knee disability at any time during her military service.

The Board has remanded the claims of service connection for sleep apnea and lumbar degenerative disc disease with intervertebral disc syndrome status post spinal fusion due to a failure to obtain VA treatment records prior to May 2003.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to inadequate examinations. The left knee and back disabilities need further evaluation.

The Veteran's claim for an increased rating of bilateral hearing loss is granted to a 10 percent rating. The claims for service connection for sleep apnea and diabetes mellitus due to TERA exposure are remanded.

The Veteran's heart disability, respiratory disability, diabetes mellitus, and various peripheral neuropathies and radiculopathies are not service-connected. The cervical spine disability is also denied.

The Veteran's obstructive sleep apnea is granted as service connected, with the Board finding that it was incurred during his active military service.

The Veteran's service-connected disabilities prevented her from securing and following substantially gainful employment, but she was granted a TDIU. However, the SMC at the housebound rate is denied as she does not meet the criteria for such benefits.

The Board has decided to remand the case due to a duty-to-assist error and insufficient rationale in the August 2021 VA examiner's opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD.

The Veteran's appeals for effective dates prior to March 2, 2021, have been dismissed as the appellant (via his authorized representative) has requested withdrawal of these claims.

The Veteran's appeals for higher ratings on several ankle sprains, shin splints, and nerve conditions have been dismissed.,Service connection for TBI has also been dismissed.

The Board has determined that the Veteran's Obstructive Sleep Apnea is caused or aggravated by his service-connected Posttraumatic Stress Disorder, with obesity serving as an intermediate step.