Sleep apnea Board decisions

The Board has decided to remand the case due to errors in the VA examination and a need for additional medical opinions regarding the Veteran's sleep apnea, its onset during service, and its relationship to his service-connected psychiatric disability.

The Veteran's claims for an increased rating for his service-connected obstructive sleep apnea and chronic bronchitis, as well as a TDIU, are being remanded due to the need for additional medical examination.

The Board has restored a 10 percent evaluation for service-connected hypertension effective January 12, 2024. The claims of entitlement to service connection for OSA and bilateral hearing loss are remanded due to inadequate medical opinions.

The Veteran's bilateral hearing loss and obstructive sleep apnea are granted as service-connected.

The Veteran's PTSD is rated at the maximum disability rating of 100 percent. Service connection for GERD, upper back disability, right ankle sprain, left ankle sprain, and lumbosacral strain are denied.

The Veteran's claims for service connection for obstructive sleep apnea and headaches prior to August 10, 2022, were denied. The Board found that OSA did not manifest during active service or is otherwise related to service, including exposure in Southwest Asia. Headaches are also not shown to be caused by a service-connected disability.

The Board denied the Veteran's request to reopen his claim for service connection for sleep apnea, finding that no new and relevant evidence had been received since the February 2020 decision.

The Board has granted the Veteran's claim for service connection of Obstructive Sleep Apnea (OSA) as secondary to his service-connected right knee osteoarthritis.

The Veteran's appeal for service connection for degenerative arthritis lumbosacral spine with spinal stenosis was dismissed due to the death of the Veteran during the pendency of the appeal.

The Board granted service connection for hypertension and assigned a 60 percent initial rating effective August 7, 2015, for GERD with gastritis. The other claims were denied.

The Board has remanded the Veteran's claims for service connection due to his exposure to carbon tetrachloride and ionizing radiation during service. Additional development is needed, including obtaining medical opinions on whether these exposures caused or contributed to the Veteran's claimed conditions.

The Board has remanded the claims for sleep apnea and peripheral neuropathy of the bilateral upper extremities due to new evidence indicating a possible service connection based on exposure to toxic environments during service. The Veteran's testimony at her hearing suggests that she experienced symptoms prior to her deployment, which may be relevant to establishing service connection.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's claims for increased disability ratings for his back and knee disabilities are remanded due to the need for clarification on whether he has had 'functional ankylosis' in either his back or left knee disabilities throughout the appeal period.

The Board remands the issue of entitlement to service connection for a sleep disorder, to include obstructive sleep apnea, as the January 2024 VA opinion did not adequately address the Veteran's lay statements regarding his sleep issues during and after service.

The Board remands the issues of an initial compensable rating for migraines and an initial rating in excess of 50 percent for obstructive sleep apnea and asthma due to insufficient development of the record.

The Veteran's service connection for sleep apnea, including as secondary to his service-connected disabilities of degenerative disc disease, lumbar spine with spinal fusion and bilateral knee degenerative arthritis, is denied because the evidence does not support a finding that obesity (an intermediate step) was caused or aggravated by these service-connected conditions.

The Veteran's service connection for obstructive sleep apnea, erectile dysfunction, and GERD has been granted. The Veteran is now entitled to a 30 percent rating for GERD.,Service connection for obstructive sleep apnea on a direct basis is established as the evidence is at least evenly balanced regarding its onset in service.

The Board has remanded the Veteran's claims for service connection for lumbosacral strain, right knee strain, and cervical strain due to inadequate medical opinions. The VA will provide further examination and opinion regarding the etiology of these conditions.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected GERD and awarded a 30 percent rating for GERD, effective from the date of the decision.