Sleep apnea decisions — 2023

The Board has granted the Veteran's petition to reopen his claim for service connection for sleep apnea and has determined that it is at least as likely as not that his current sleep apnea is proximately due to or the result of his service-connected PTSD and/or TBI.

The Board has determined that the Veteran's sleep apnea had its onset during active duty service and granted service connection for this condition.

The Board has determined that remand is necessary to obtain private audiometric records and additional medical opinions regarding the Veteran's sleep apnea. The hearing loss claim remains on appeal, while the service connection for sleep apnea will be addressed again.

The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 40 percent for the period of January 7, 2010, to April 25, 2018.,The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 10 percent for the period of April 26, 2018, to February 24, 2019.,The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 20 percent for the period of February 25, 2019, to October 29, 2021.,The Veteran's degenerative disc disease, lumbosacral spine with intervertebral disc syndrome (IVDS), was denied a rating in excess of 40 percent for the period of October 30, 2021, to Present.

The Veteran's service-connected PTSD with secondary major depressive disorder was granted a TDIU effective April 11, 2017. The appeal for the TDIU prior to that date is dismissed as moot.

The Board dismissed the appeal because the Veteran did not timely file a VA Form 21-0958 Notice of Disagreement and good cause was not shown to extend the filing deadline.

The Veteran's claim for a compensable disability rating for bulimia nervosa (previously other specified eating disorder) is denied as there have not been incapacitating episodes of up to two weeks total duration per year.

The Veteran's service connection for Obstructive Sleep Apnea (OSA) is granted. The issue of service connection for a respiratory disability other than OSA is remanded.

The Board denied service connection for sleep disturbances, including obstructive sleep apnea (OSA), as the Veteran's symptoms are already addressed under his service-connected posttraumatic stress disorder (PTSD).

The Veteran's claim for service connection for headaches was granted, while claims for obstructive sleep apnea and vertigo were denied. A 20 percent rating was granted for the right ankle disability from December 8, 2010.

The Veteran's mental health disability has been rated at 100 percent since April 8, 2022.,The Veteran's multilevel DDD/DJD lumbosacral spine with severe stenosis was not manifested by unfavorable ankylosis and remains rated at 40 percent.

The Board has remanded the claims of service connection for hypertension, sleep apnea, an acquired psychiatric disorder (likely PTSD), a right foot disability, coronary artery disease, and diabetes mellitus type II due to incomplete development. The RO must complete the directives set forth in the July 2022 Board remand.

The Veteran's appeals have been withdrawn, and the claims are dismissed as there is no active appeal to review.

The Board has remanded the Veteran's claims for service connection for sleep apnea, left shoulder disability, lumbar spine disability, and bilateral knee disabilities due to a lack of VA examinations.

The Veteran's obstructive sleep apnea was diagnosed during his active duty service and is considered to have been present since then. The Board has granted service connection for this condition.

Service connection for hypertension is granted due to the PACT Act presumption of herbicide exposure. Service connection for obstructive sleep apnea is remanded as there are conflicting opinions and additional evidence needs to be considered.

The Board has decided that the Veteran's OSA is not related to his service-connected PTSD and/or asthma, but requires a remand for further examination and opinion.

The Veteran's sleep apnea was caused by his service-connected PTSD, and the Board granted service connection for this condition on a secondary basis.

The Veteran's hypertension is granted a 10 percent rating, but no higher, from November 12, 2015.,Service connection for osteopenia is granted as it is proximately due to the service-connected removal of uterus and both ovaries.,Service connection for obstructive sleep apnea is granted.,Service connection for insomnia is granted.,Service connection for tinnitus is granted.

The Board has granted service connection for sleep apnea, finding that it is related to the Veteran's military service and weight gain during active duty.