Sleep apnea decisions — 2022

The Board denied the Veteran's request for an earlier effective date prior to December 10, 2020, for his grant of service connection for obstructive sleep apnea. The earliest possible effective date is December 14, 2020, but due to VA regulations, the effective date was set at December 10, 2020.

The Board has remanded the Veteran's claims for skin cancer, COPD, and OSA due to a need for further examination and development of evidence. The issues are related to presumed exposure to herbicides during service.

The Veteran's claim for service connection of sleep apnea is remanded due to a lack of adequate notice regarding a scheduled sleep study, and the need for another VA examination with an associated sleep study.

The Board has decided to remand the case due to an error in VA's duty to assist, specifically regarding the adequacy of a medical opinion provided by VA. The Veteran is seeking service connection for obstructive sleep apnea that he believes is secondary to his service-connected PTSD.

The Veteran's appeal for a higher rating for his low back disability is dismissed because he withdrew the appeal prior to the Board's decision.

The Board has denied service connection for hypertension, diabetes, brain aneurysm, and sleep apnea. The claims are being remanded to obtain additional medical opinions.,The Veteran's current diagnoses of these conditions do not meet the criteria for service connection as they did not begin during or within one year after his military service.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, specifically degenerative arthritis of the spine with IVDS, left knee meniscus tear and Baker's cyst with degenerative changes, right knee degenerative arthritis, and left and right lower extremity sciatic and femoral nerve paralysis disabilities. Obesity was considered an intermediate step in this progression.

The Veteran's obstructive sleep apnea is being remanded for further examination and opinion to determine if it began during service or was aggravated by his service-connected psychiatric disability.

The Veteran's claims for increased ratings for CSR with left paramacular scars and Dry Eye Syndrome are being remanded due to the need for additional development.

The Board has dismissed the appeals of service connection for tinnitus, sleep apnea, esophageal disability, and PTSD due to the Veteran's death.

The Board denied the Veteran's claims for service connection for sleep apnea and an undiagnosed illness (fatigue) due to a lack of evidence linking these conditions to his military service. The Board found that the Veteran's current sleep apnea is attributable to a known clinical diagnosis, and thus, the provisions of 38 C.F.R. § 3.317 are not applicable.

The Board has decided to remand the case due to incorrect legal standards applied in previous medical opinions. The Veteran's sleep apnea is being reviewed for service connection, with a focus on whether it is related to his service and if it is secondary to his service-connected acquired psychiatric disorder.

The Board has remanded the TDIU claim due to a lack of recent VA examination addressing the combined effects of the Veteran's service-connected disabilities on his employability. The employer is requested to complete a form for employment information, and a VA examination will be scheduled to assess the impact of all disabilities.

The Veteran's claim for an increased rating in excess of 40 percent for postoperative herniated lumbosacral discs is being remanded due to the need for a new examination that adequately addresses functional limitations and flare-ups.

The Board denied a rating in excess of 60 percent for the appellant's chemotherapy-induced restrictive lung disease with sleep apnea, finding that his symptoms did not meet criteria for higher ratings under applicable diagnostic codes.

The Veteran's service-connected disabilities, including traumatic brain injury residuals, lumbosacral spine intervertebral disc syndrome with degenerative joint disease, PTSD, and other conditions, render him unable to secure or follow substantially gainful employment. The Board has also determined that the Veteran meets the criteria for basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35.

The Veteran's appeals for service connection for right and left shoulder disabilities have been dismissed. Effective May 24, 2010, the Veteran is granted a TDIU based on her service-connected disabilities.

The Board has granted the Veteran's claims for service connection for obstructive sleep apnea and low back disability, finding that these conditions are proximately due or aggravated by his service-connected PTSD and bilateral pes planus with plantar fasciitis respectively.

The Board denied service connection for an additional skin disorder manifested by skin pigment fading, finding that it was not related to the Veteran's service-connected seborrheic dermatitis with tinea versicolor. The rating for the service-connected condition of seborrheic dermatitis with tinea versicolor was also denied.

The Board found that the Veteran's OSA did not first manifest during his active service and is not due to a period of ACDUTRA. The evidence does not support finding that it was caused or aggravated by PTSD.