Sleep apnea decisions — 2020

The Board has decided to remand the Veteran's claims for obstructive sleep apnea, gastrointestinal disorder (Crohn's disease), and heart disability (residuals of myocardial infarction) due to pre-decisional duty to assist errors. The claims will be reviewed again with additional evidence and medical opinions.

The Board has decided to grant service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder.

The Board has dismissed the appeals for service connection for sleep apnea and right ear hearing loss due to the death of the appellant.

The Board has denied service connection for diabetes mellitus and remanded the cases of left knee, right knee, lumbar spine, and sleep apnea disabilities due to lack of in-service onset or relationship.

The Board denied the Veteran's claims for an effective date earlier than July 27, 2012 for the grant of TDIU and DEA benefits. The Veteran was found to have met the criteria for eligibility for schedular consideration of TDIU since March 26, 2011, but his unemployability due to service-connected disabilities began in March 2011 if not sooner, which is more than one year prior to the filing of the TDIU application. As such, an earlier effective date for TDIU cannot be awarded.

The Veteran's sleep apnea, allergic rhinitis, and GERD with sliding hiatal hernia were not rated higher than the current disability ratings due to lack of evidence supporting more severe manifestations.

The Board has remanded the case due to an inadequate rationale in a previous VA medical opinion regarding whether the Veteran's service-connected allergic rhinitis caused or aggravated his obstructive sleep apnea.

The Veteran's petition to reopen his claims for service connection for loss of balance, poor vision, sinusitis, degenerative arthritis of the right hand, right hand nerve damage, hypertension, and sleep apnea due to PTSD have been granted. His claim for an increased rating for PTSD has also been granted.

The Board has decided to remand the case due to inadequate VA examination and remand directives not being fully complied with.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and bilateral plantar fasciitis due to deficiencies in the prior VA examinations.

The Board denied the Veteran's claims for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and either his active duty or any service-connected disability. The denial was based on the lack of medical opinion linking his OSA to his pulmonary fibrosis.

The Veteran's claim for service connection for headaches is granted.,The Veteran's claim for service connection for multiple sclerosis is denied.

The Veteran's back disability, left and right lower extremity radiculopathy, and sleep apnea are all at issue. The Board has remanded the case for further development regarding service connection for sleep apnea.,The Veteran is seeking higher ratings for his back disability and lower extremity radiculopathy.

The Veteran's sleep apnea is granted as secondary to her service-connected unspecified trauma/stress related disorder. Prior to May 29, 2018, the initial rating for her unspecified trauma/stress related disorder was granted at 50 percent; however, from that date forward, a higher rating of more than 30 percent is denied.

The Veteran's service connection claims for lumbar strain, right knee disability, and obstructive sleep apnea (OSA) have been denied. The Board found that the current diagnoses are not related to in-service events or conditions.,There is no clear evidence of a chronic condition during service, and any post-service arthritis is not shown as having started during service.

The Board has decided to remand the Veteran's claims for PTSD and Sleep Apnea due to insufficient evidence regarding his in-service stressors. Further development is needed, including verification of reported events and an examination by a medical provider.

The Board denied service connection for sleep apnea, low back disorder, and bilateral or unilateral foot disorder.,No new evidence was presented to reopen the previously denied claims of service connection for these conditions.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest during active service and is not otherwise related to his service-connected bilateral hearing loss and tinnitus.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted because he provided competent and credible lay evidence of symptoms that began during service and have persisted.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease with lumbosacral strain to include IVDS and bilateral lower radiculopathy is denied. The evidence does not show that it was factually ascertainable that there was an increase in the Veteran’s disability such that a rating in excess of 40 percent was warranted.