Sleep apnea Board decisions

The Board has granted the Veteran's claim for service connection for a lumbar spine disability, finding that it is proximately due to or the result of his service-connected bilateral knee disabilities.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's sleep apnea and its relation to his service, specifically his participation in a toxic exposure risk activity (TERA).

The Veteran's claim for a higher disability rating for migraine headaches was granted, effective May 6, 2015. The Board also found that the Veteran met the criteria for service connection of sleep apnea but denied it due to lack of evidence linking it to his military service.

The Veteran's appeals for service connection for hypertension and lumbosacral strain have been dismissed due to the Veteran's death.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected PTSD aggravates his OSA, and for consideration of additional medical literature submitted by the Veteran.

The Board has remanded the issues of service connection for fibromyalgia, chronic fatigue syndrome, sleep apnea, migraines, right shoulder disability, neck strain, and bilateral wrist disabilities due to inadequate medical opinions and other procedural errors.

The Veteran's lumbosacral strain disability was rated at 10 percent from August 10, 1990, to December 25, 2019. The Board denied a higher rating as the condition did not meet criteria for a higher rating based on VA regulations.

The Veteran's lumbosacral spine disability and digestive disorder are granted as service-connected, with the latter being considered a chronic undiagnosed illness related to his service in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran's lumbosacral strain was rated at 20 percent since March 3, 2016. The Board denied an increased disability rating in September 2023 and the Court issued a JMPR in July 2024, which remanded the issue to the Board for further consideration.

The Veteran's lumbosacral sprain/strain disability was rated at 10 percent prior to May 13, 2023, and denied for a higher rating.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is approximately evenly balanced as to whether his sleep apnea had its onset in service. As a result, the decision grants this claim.

The Veteran's claim for an increased rating in excess of 40 percent for lumbosacral strain (lumbar spine disability) was denied. The Board found that the Veteran's lumbar spine disability has not manifested to unfavorable ankylosis, and thus a higher rating is not warranted.

The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis and lumbosacral strain, claimed as back sprain and low back strain, is denied.,The Veteran's claim for an initial rating in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood, claimed as chronic major depression and stress, is denied.

Service connection for carpal tunnel syndrome of the right wrist, lumbosacral strain, and gastroesophageal reflux disease (GERD) is denied.,Service connection for tension headaches remains pending as it has been remanded.

The Board has decided to remand the case due to inadequate examination and opinion regarding service connection for obstructive sleep apnea as secondary to a service-connected right knee disability. The appellant's claims must be remanded to provide an adequate VA examination and opinion that considers all theories of entitlement, including obesity as an intermediary cause.

The Veteran's claims for effective dates of service connection for patellofemoral pain syndrome and arthritis, right knee, with meniscal tear, and intervertebral disc syndrome and degenerative arthritis, lumbosacral spine (claimed as low back condition), were denied due to the lack of relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected PTSD.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for Obstructive Sleep Apnea (OSA) and his potential exposure to toxic environmental risks during service. The AOJ is required to obtain a TERA memorandum, an ILER entry, and a medical opinion considering the Veteran's reported exposures.

The Veteran's claim for increased ratings and service connection for various conditions related to his back disability have been denied. The low back disability is rated at 40 percent, effective November 16, 2022.

The Veteran's lumbosacral strain disability is currently rated at 10 percent, and the Board finds that a higher rating of more than 10 percent is not warranted based on the evidence provided.