Sleep apnea decisions — 2023

The Board has granted service connection for DDD of the lumbosacral spine and bilateral knee strain, as well as a TDIU from May 26, 2017. The Veteran's acquired psychiatric disorder alone precluded him from securing and following a substantially gainful occupation.

The Veteran's right little finger disability was denied a compensable rating, but service connection for obstructive sleep apnea and entitlement to TDIU were granted.,For the right little finger disability, the Veteran reported pain and limited motion. The VA examiner noted that there is no ankylosis or amputation of the fingers.

The Veteran's service-connected disabilities, including obstructive sleep apnea with sarcoidosis, right foot hammertoes with corns, and left foot hammertoes with corns, were found to be sufficient for a TDIU on an extraschedular basis prior to December 2, 2014. Basic eligibility for Dependents' Educational Assistance benefits was also established.

The Board has granted service connection for obstructive sleep apnea (OSA) on the basis that it is related to active military service, resolving all reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding whether PTSD caused obesity and if so, whether obesity was a substantial factor in causing sleep apnea. The Veteran's claim will be returned for further development.

The Veteran's lumbar strain is not entitled to an initial rating in excess of 10 percent prior to January 30, 2019 and in excess of 20 percent thereafter.,The Veteran's OSA is not entitled to a rating in excess of 50 percent.,The Veteran's headaches are not entitled to an initial compensable rating prior to November 30, 2019.

The Board has denied service connection for bilateral hearing loss and granted service connection for tinnitus. The claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, is remanded due to the need for a VA examination.

The Veteran's service-connected heart disability, atrial fibrillation, and sleep apnea are being remanded for further evaluation as the current severity of these conditions has not been determined.

The Veteran's TDIU claim is remanded due to the need for a comprehensive VA examination considering all of his service-connected conditions, including those not previously considered in the previous examinations.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to his death.

The Veteran withdrew their appeal for an increased rating and earlier effective date for obstructive sleep apnea, so the case is dismissed.

The Board has found that the issue of service connection for a sleep disorder, to include insomnia and sleep apnea, must be remanded again for additional development before it can be adjudicated on the merits.

The Board has granted service connection for sleep apnea, lumbosacral strain, and neck disability manifested by pain. The claim of service connection for dizziness is remanded.,Service connection was established for the Veteran's sleep apnea, lumbosacral strain, and neck disability manifested by pain based on direct evidence linking these conditions to his military service.

The Board has remanded the case due to insufficient medical evidence regarding the nature, onset, and etiology of the Veteran's sleep apnea. The VA needs to obtain a new opinion from a qualified examiner.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service, specifically during a period of active duty for training (ACDUTRA) in 2010. As such, the claim for service connection for obstructive sleep apnea is granted.

The Board has remanded the claim for service connection for an esophageal disability due to inadequate development and a need for a new VA opinion.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's service-connected diabetes mellitus, type II has aggravated his obesity and contributed to the development of obstructive sleep apnea. Therefore, service connection for obstructive sleep apnea is granted.

The Veteran's obstructive sleep apnea is being remanded for a more detailed opinion on whether it was caused or aggravated by his service-connected unspecified depressive disorder.

The appeal for service connection of sleep apnea is dismissed due to the appellant's death.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to his death.