Sleep apnea Board decisions

The Veteran's appeal for a higher rating for lumbosacral strain was denied as his condition did not meet the criteria for an increased rating beyond 40 percent.

The Board has found that the Veteran's service connection claim for lumbosacral strain with degenerative disc disease other than intervertebral disc syndrome (claimed as lower back injury) is remanded due to a duty-to-assist error. The issue of an increased rating for residuals of fracture of the left great toe remains unresolved.

The Veteran's claims for service connection for hearing loss, tinnitus, and sleep apnea on a secondary basis were denied. The Veteran was granted an initial 10 percent rating for left lower extremity radiculopathy of the sciatic nerve. Claims for increased ratings for lumbar spine pain, left shoulder tendinitis (from August 9, 2023), left wrist sprain, and right knee patellofemoral syndrome were denied.

The Board has denied the Veteran's claims of service connection for various conditions, including cardiovascular heart disease, gastroesophageal reflux disease (GERD), and foot disorders. The Board found no current diagnoses or functional impairments related to these conditions.

The Veteran's obstructive sleep apnea is found to have resulted from his service-connected disabilities, specifically tinnitus. The Board granted the claim for secondary service connection.

The Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD has been granted. The TDIU issue is being remanded.

The Board has decided that the Veteran's claim for residuals of broken right toes is granted. The claims for service connection for a chronic acquired psychiatric disorder and sleep apnea are remanded due to duty-to-assist errors.

The Board has determined that the VA medical opinions are inadequate and remands the case for further clarification on whether the Veteran's service-connected disabilities have caused or aggravated his obstructive sleep apnea, including obesity.

The Board has dismissed the Veteran's appeal because of a procedural defect in how the appeal was filed and docketed. The issues of service connection for low back disability and sleep apnea are not valid appeals.

The Board has found that the Veteran requires personal care services for a minimum of six continuous months based on her need for supervision or protection due to symptoms or residuals of neurological or other impairment or injury. The VA will now consider whether participation in the PCAFC program is in her best interest.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected PTSD and if obesity serves as an intermediate step between the two conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus, type II and gastroesophageal reflux disease (GERD). The decision finds that the Veteran's service-connected disabilities of diabetes mellitus, type II and GERD caused or aggravated his obstructive sleep apnea.

The Board denied the Veteran's claims for earlier effective dates for service connection of OSA, hypertension, and bilateral knee conditions.,The Board also denied the Veteran's claims for initial ratings in excess of 50 percent for OSA and 10 percent for hypertension.

An initial rating of 10 percent for hearing loss has been granted.,The issue of service connection for sleep apnea, secondary to service-connected pes planus with plantar fasciitis, is remanded.

The Veteran's claims for service connection of degenerative disc disease and spondylolisthesis of the lumbar spine with lumbosacral strain, degenerative arthritis of the left knee, and osteoarthrosis with trochanteric pain syndrome of the left hip were granted effective August 5, 2024.

The Board has decided to remand the case due to a lack of an adequate VA opinion addressing whether the Veteran's obstructive sleep apnea was caused or aggravated by his service-connected left knee disability, specifically medications taken for that condition. The claim will be returned to the AOJ for further action.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is at least as likely as not caused by his service-connected PTSD.

The Board has granted the readjudication of service connection for OSA as secondary to the service-connected PTSD, resolving reasonable doubt in favor of the Veteran.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's current condition did not have its onset in service and is not otherwise related to service.,The Board also denied service connection for hypertension as secondary to a service-connected disability (PTSD with alcohol use disorder), noting that there was no evidence of hypertension during service.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The claim for a 10 percent evaluation based on multiple noncompensable service-connected disabilities prior to June 8, 2020, is denied.