Sleep apnea Board decisions

The Veteran's bilateral hearing loss and tinnitus claims have been denied as there is no evidence of current disability for VA purposes.,The Veteran's lumbosacral strain, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity claims are remanded due to insufficient medical opinion regarding their etiology.

The Board has determined that the Veteran's October 2019 VA Form 10182 may be considered a valid and timely Notice of Disagreement, and thus the appeal for service connection for lumbosacral spine disability, right knee disability, left knee disability, and tinnitus is remanded.

The Veteran's claims for increased ratings of asthma, an acquired psychiatric disorder, and sleep apnea with asthma have been denied. The effective dates for the grants of service connection are also denied.

The Veteran's lumbar spine disability is rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating based on its current symptoms and limitations.

The Board has remanded the issues of service connection for peripheral neuropathy, chloracne, rosacea, and tinea unguium due to herbicide exposure. The Veteran's claims are now pending before the AOJ for further development.

The Board has decided to remand the case due to lack of substantial compliance with a previous remand order. The claim for service connection for sleep apnea, which is secondary to service-connected allergic rhinitis, needs further development.

The Board has remanded several issues related to service connection for various conditions, including knee, foot, hip, shoulder, and psychiatric disabilities. The Veteran's claims are being returned for further development as requested.

The Board has determined that the RO did not substantially comply with the September 2022 remand directives and thus, a remand for corrective actions is required.

The Board has decided to remand the Veteran's claims for hypertension and obstructive sleep apnea, as there is insufficient evidence to determine if these conditions are related to his military service.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is at least as likely as not secondary to his service-connected major depressive disorder.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is related to service or a service-connected disability, specifically due to in-service chemical exposure. The examiner must provide an opinion on whether it is at least as likely as not that the Veteran's OSA was incurred in or is otherwise related to service.

The Board has remanded the claims for service connection for Obstructive Sleep Apnea and a Bowel Condition due to insufficient evidence regarding toxic exposure. A TERA examination is needed, including an interview of the Veteran to determine his potential exposures.

The Veteran's claim for higher ratings for lumbosacral spine DJD and DDD was denied. Prior to September 26, 2018, the rating was denied as his disability did not meet or approximate the criteria for a higher than 10 percent evaluation. From September 26, 2018, the rating was also denied due to lack of evidence meeting the criteria for a higher than 40 percent evaluation.

The Board has remanded the case due to procedural issues and requests for additional evidence regarding the Veteran's sleep apnea condition, including its onset during service and any relationship to his service-connected disabilities.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The Board also grants an initial rating of 10 percent for right hip strain with limitation of extension, but denies increased ratings for flexion and abduction/rotation issues. The Veteran's claims for knee condition are remanded.

The reduction of the disability rating for bronchitis with sleep apnea from 100 percent to 50 percent (later increased to 60 percent) was proper, and the claim for restoration is denied.

The Board has denied service connection for obstructive sleep apnea (OSA) as the evidence does not support a link to the Veteran's active military service, including exposure to environmental hazards in Southwest Asia. The VA medical opinion found no causal relationship between OSA and the Veteran's service.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the issues on appeal. The Veteran's bladder disability, obstructive sleep apnea, and right shoulder disability are all being remanded for further development.

The Veteran's lumbosacral strain was granted an initial disability rating of 20 percent, effective June 28, 2023. The appeal is for a higher rating prior to this date.

The Board has denied service connection for high cholesterol and remanded the remaining issues due to lack of medical records.