Sleep apnea Board decisions

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his TERA participation in Southwest Asia. Additional records are needed, including updated VA treatment records and an addendum from the August 2023 VA TERA examiner.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) had its onset during active service and granted her claim for service connection.

The Board denied the Veteran's claims for increased ratings for his service-connected lumbosacral strain, degenerative arthritis of the spine, and lumbar spine degenerative disc disease. The Board granted a disability rating of 20 percent for bilateral lower extremity radiculopathy.

The Veteran's appeals for service connection for sleep apnea and bilateral hearing loss were dismissed due to the failure to timely file a VA Form 10182, which is required by law.

Service connection for tinnitus is granted.,Service connection for bilateral hearing loss is denied.,Service connection for thoracolumbar spine disability is denied.,Service connection for sleep apnea is denied.,Service connection for nerve damage/right lower extremity radiculopathy is denied.

The Board dismissed the appeal regarding the timeliness of a June 9, 2023 VA Form 10182 for the issue of entitlement to service connection for obstructive sleep apnea.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain is remanded due to the need for a VA examination to assess the current severity of his disability during the periods on appeal.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to his service-connected PTSD.

The Board has remanded the claims for bilateral hearing loss, tinnitus, OSA, and right shoulder disorder due to issues with notification of VA examinations and lack of current diagnoses or etiology.

The Veteran's service connection for obstructive sleep apnea is granted. The Board has also remanded the issues of ratings in excess of 10 percent on and prior to November 8, 2019, for right knee retropatellar pain syndrome and left knee retropatellar pain syndrome.

The Board has decided that the AOJ improperly withheld VA compensation benefits for training days during FY 2019. The case is being remanded to clarify the number of training days performed by the Veteran and verify his military drill pay.

The Board has remanded the claim of entitlement to service connection for obstructive sleep apnea, as it is unclear whether the Veteran's current condition is related to his in-service complaints and/or his service-connected conditions.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain gainful employment, and the Board granted a TDIU from May 6, 2021.

The Board has decided to remand the case due to duty-to-assist errors and requires an addendum from a qualified medical professional regarding whether the Veteran's sleep apnea is related to his active service.

The Veteran's lumbar spine disability has been rated at 20 percent since March 4, 2019. The Board found that the evidence did not warrant a higher rating as there was no evidence of ankylosis or flexion limited to 30 degrees or less.

The Board has remanded the cases for further development, including VA examinations to determine the nature and etiology of the Veteran's acquired psychiatric disorder and OSA.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain disabilities due to inadequate reasons and bases in the consideration of VA examinations conducted in December 2017.

The Board has determined that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable due to service-connected disabilities prior to October 19, 2011. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, qualifying for TDIU. His obstructive sleep apnea requires the use of a CPAP machine but does not meet criteria for a higher rating.

The Board has determined that the VA examinations used to rate the Veteran's service-connected disabilities are inadequate and remanded for further examination. The issues of rating higher than 20 percent for lumbosacral strain, rating higher than 10 percent for right knee strain with lateral and medical collateral ligament strain, status-post meniscal repair, service connection for left shoulder rotator cuff tear, service connection for right shoulder rotator cuff tear, and service connection for unspecified anxiety disorder are all remanded.