Sleep apnea decisions — 2022

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his condition did not have its onset during service or until years thereafter and is not related to any incident of service.

The Board has remanded the claims of service connection for an acquired psychiatric disorder, sleep apnea, and hypertension due to insufficient evidence regarding the Veteran's claimed in-service stressors.

The Board has granted secondary service connection for the Veteran's obstructive sleep apnea (OSA) as it is proximately due to his service-connected hypertension.

The Veteran's petition to reopen the previously denied service connection claim for sleep apnea is granted. The Board finds that new and material evidence has been received, allowing the claim to be reopened.

The Veteran's claims for initial compensable ratings for painful motion of the little and ring fingers, left and right hands have been dismissed as the Veteran withdrew his appeals prior to a decision.,The Veteran's radiculopathy of the lower extremities has been granted separate disability ratings.

The Veteran's claim for an earlier effective date for the grant of service connection for sleep apnea is denied. The Board found that the Veteran did not file a claim for sleep apnea until September 2015, and his initial claim in December 1994 was for a lung condition.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include Parkinson's disease, limited memory loss associated with Parkinson's disease, left thumb pain and limited motion, and a respiratory condition, including sleep apnea.

The Veteran's service connection claim for obstructive sleep apnea is granted, as the condition began during active service and continued post-service.

The Board has remanded the claims for service connection for sleep apnea as secondary to PTSD and for TDIU, due to clarification needed regarding the cause or aggravation of the Veteran's sleep apnea.

The Veteran's obstructive sleep apnea, PTSD, and headache disability have rendered him unable to work throughout the period on appeal. His combined service-connected disabilities meet the criteria for a TDIU.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to service-connected intervertebral disc syndrome and hip disability, finding that the Veteran's OSA is aggravated by his service-connected disabilities.

The Veteran's PTSD is granted a 50% rating prior to November 19, 2016. A higher rating for PTSD after that date is denied. The claims of service connection for asthma and sleep apnea are remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his condition was not related to his military service.

The Veteran's appeals for increased ratings on asthma, headaches, right quadricep tear, right shoulder disability, and left knee disability have been dismissed as the Veteran withdrew his appeal.,The Veteran's appeals for increased ratings on anxiety disorder, bilateral plantar fasciitis, lumbar facet arthropathy, right knee disability, and left shoulder disability are being remanded for further examination.

The Veteran's OSA is proximately due to his service-connected psychiatric disorder, and the Board grants secondary service connection for OSA.

The Veteran's claims for increased rating for lumbosacral spine disability and service connection for leg problems associated with it are remanded due to the need for additional medical examinations.,The Veteran's claim for service connection for a psychiatric disability, including PTSD and anxiety disorder is remanded due to inconsistencies in his reported history and the need for another VA examination considering credibility issues.,The Veteran's claims for bilateral hearing loss and tinnitus are remanded due to the need for additional medical examinations.

The Veteran's appeal for PTSD was dismissed. Service connection for obstructive sleep apnea, secondary to his service-connected hypothyroidism, is granted and rated at 60 percent. The Veteran's increased rating claim for hypothyroidism is granted with a 60 percent rating effective from the date of the decision. The Veteran's claim for a compensable rating for residuals of a fractured left cheek bone remains denied.

The Board has ordered a remand due to the RO's failure to substantially comply with the April 2022 Board remand directives. The Veteran is seeking service connection for sleep apnea, which may be related to his active service or secondary to his service-connected disabilities.

The Board has remanded several issues for further development, including service connection for sleep apnea and TBI, increased ratings for PTSD, and a rating in excess of 20 percent for cervical and thoracolumbar disabilities. The Veteran's claims are being returned to the AOJ for additional consideration.

The Veteran's son, B.C.S., is qualified as the Veteran's helpless child for VA benefits due to his disabilities and inability to self-support prior to turning 18 years old.