Sleep apnea decisions — 2023

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to obesity caused by his service-connected PTSD, and thus grants secondary service connection for this condition.

The Veteran's claims for earlier effective dates for service connection and SMC have been remanded due to the submission of a timely Notice of Disagreement (NOD) under the legacy system, which has now been accepted by the Board.

The Veteran's lumbosacral spine disorder and sleep apnea are granted service connection, with the lumbosacral spine disorder rated at 10%.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a nexus between his in-service exposure to jet fuel and his current OSA. The Board also found that the Veteran did not have any chronicity of care since service.

The Board has decided to remand the case due to insufficient medical opinions regarding the service connection for obstructive sleep apnea as secondary to service-connected generalized anxiety disorder and major depressive disorder, obesity, and potential toxic exposure risk activities.

The Veteran has withdrawn his appeals regarding several issues, including the effective dates and initial ratings for acquired psychiatric disorder and sleep apnea.

The Board denied service connection for unspecified psychiatric disorder, hypertension, and OSA as there is no persuasive evidence linking these conditions to the Veteran's military service.

Service connection for obstructive sleep apnea, hypertension, and tinnitus is granted effective November 20, 2015.,Service connection for prostatitis is granted effective November 20, 2015.,Service connection for allergic rhinitis is granted effective November 20, 2015. This issue is granted pursuant to the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act).,Service connection for sinusitis is granted on a secondary basis due to allergic rhinitis.,Effective dates prior to November 20, 2015, are denied for service connection for obstructive sleep apnea, hypertension, and tinnitus.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current diagnosis to active service or a service-connected disability.

The Veteran's claim for service connection for bilateral hearing loss was denied in December 2017 and not readjudicated due to lack of new and relevant evidence.,New evidence received after the May 2019 rating decision has led to a grant of service connection for sleep apnea, but the issue remains pending as it is secondary to his service-connected right knee disability.

The Board has granted an earlier effective date of July 19, 2010 for the award of service connection for sleep apnea. The Veteran's claim was pending at that time due to new and material evidence received within a year of the January 2012 denial.

The Board found that the withholding of VA compensation benefits for 139 days of drill pay in FY 2016 was proper based on the Veteran's total compensation rate at the end of FY 2016.

The Board has determined that the Veteran's sleep apnea is currently rated as noncompensable due to its pre-aggravation baseline level of severity. The appeal for an initial compensable disability rating for obstructive sleep apnea is denied. However, the issue of service connection for obstructive sleep apnea on a direct basis is remanded.

The Veteran's MDD with anxious distress is granted as secondary to his service-connected migraine headaches.,The Veteran's TBI is granted based on evidence linking it to military service.,The Veteran's OSA is granted and linked to military service.

The Veteran's acquired psychiatric disability (depressive disorder) is granted service connection. The claim for obstructive sleep apnea, secondary to prostate cancer, is remanded.

The Board has determined that the Veteran's service-connected PTSD caused his OSA, and thus grants service connection for OSA as secondary to PTSD.

The Board has granted service connection for tinnitus on a presumptive basis. The claim of service connection for sleep apnea is remanded due to inadequate medical opinion and the need for additional evidence.

The Veteran's appeal for service connection for obstructive sleep apnea has been withdrawn by his authorized representative, resulting in the dismissal of the case.

The Veteran's PTSD has been granted a 70 percent rating effective June 13, 2014.,The Veteran is also granted TDIU based on her service-connected disabilities since June 13, 2014.

The Board has determined that the Veteran's sleep apnea is related to his service-connected psychiatric and musculoskeletal disabilities, which caused him to become obese. As a result, the claim for service connection for sleep apnea on a secondary basis is granted.