Sleep apnea Board decisions

The Board has decided to remand the case due to inadequate medical evidence and a failure to address all theories of causation raised by the Veteran.

The Board has determined that the Veteran's service-connected PTSD with obesity acting as an intermediate step caused his obstructive sleep apnea, and thus grants service connection for this condition.

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current disability is at least as likely as not due to his in-service injury while moving a heavy box.

The Board denied service connection for lumbosacral strain, finding that the Veteran's back disability did not originate in or is not etiologically related to his military service.

The Board has granted earlier effective dates of January 29, 2020 for the Veteran's service connection claims for back disability, left hip flexion disability, left hip extension disability, left hip rotation disability, and left knee disability. The issue of entitlement to service connection for neck disability is remanded due to a duty-to-assist error.

The Board has remanded the claims for entitlement to service connection for left knee condition, right knee disability, and OSA due to insufficient evidence or potential errors in the decision-making process.

The Veteran's claim for service connection for obstructive sleep apnea was granted in a November 2024 rating decision, rendering the current appeal moot.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected musculoskeletal disabilities, finding that his sleep apnea is at least as likely as not caused or aggravated by these conditions.

The Board has determined that the Veteran's current obstructive sleep apnea is proximately due to his service-connected post-traumatic stress disorder with dysthymic disorder, with obesity as an intermediate step. After resolving all doubt in favor of the Veteran, the Board finds that service connection for obstructive sleep apnea is warranted.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is proximately due to and/or aggravated by obesity caused by his service-connected thoracic spine degenerative arthritis.

The Veteran's appeal for a rating in excess of 50 percent for obstructive sleep apnea (OSA) with bronchial asthma, as well as separate compensable ratings for OSA and bronchial asthma, has been denied. The medical evidence does not support the need for higher ratings based on current disability levels.

The Veteran's service-connected back disability was not manifested by unfavorable ankylosis of the entire thoracolumbar spine, nor incapacitating IVDS episodes having a total duration of at least 6 weeks during a 12 month period. As such, his claim for a higher rating is denied.

The Veteran's PTSD rating was reduced from 70% to 50%, effective April 5, 2022. The reduction is being restored due to the lack of evidence showing improvement in her ability to function under ordinary conditions. For the lumbosacral strain claim, a remand is required as the VA examination did not adequately assess the Veteran's flare-ups.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected diabetes mellitus type II with peripheral neuropathy due to insufficient medical opinions and need for a new opinion.

The Veteran's claim for service connection for a sleep apnea disorder is denied as there is no current diagnosis of the condition.,An increased disability rating of 40 percent for left lower extremity sciatic radiculopathy from August 11, 2022, is granted.

The Board has decided to remand the case due to a failure to provide a VA examination for service connection of OSA. The Veteran's current OSA is being evaluated, and its relation to his military service will be determined.

The Board has determined that there is a need for additional examination to address the secondary service connection claim, as previous opinions were inadequate. The Veteran's OSA may be related to his service-connected sinusitis and low back disability.

The Veteran's asthma with chronic bronchitis and obstructive sleep apnea is rated at 60 percent, which is the maximum rating available under Diagnostic Code 6602. The Veteran does not meet the criteria for a higher rating as his FEV-1/FVC ratio is within normal limits and he does not require daily use of systemic corticosteroids or immuno-suppressive medications.

The Board has remanded the claim of service connection for obstructive sleep apnea, as secondary to his service-connected bilateral knee disability. The case will be returned to obtain a medical opinion addressing whether the Veteran's service-connected bilateral knee disabilities caused or aggravated his obesity and if that obesity contributed to his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service, and therefore grants the claim for service connection.