Sleep apnea decisions — 2023

The Board has dismissed the Veteran's appeals for service connection for various conditions due to her withdrawal of the appeal prior to a decision being made.

The Veteran's claim for service connection for Obstructive Sleep Apnea is being remanded due to the submission of new and relevant evidence, which includes a statement from the Veteran and his wife supporting his claim. The AOJ will consider this evidence on remand.

The Board has denied the Veteran's claims for service connection for erectile dysfunction, neuropathy of the bilateral upper extremities, bilateral hip pain, OSA, and a neck condition. The claim for PTSD is remanded due to insufficient information provided by the Veteran regarding his claimed stressor.

The Board dismissed the AMA appeal regarding left knee instability. The Veteran's right knee condition is currently rated at 10 percent for instability, and a separate rating of 20 percent for instability is granted. The Veteran's lumbar spine disability remains denied.

The Veteran's unspecified trauma-related disorder is granted, and the claim for OSA is remanded due to a duty to assist error.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that the evidence is at least in equipoise as to whether his current condition is related to his active duty service.

A 70 percent rating for other specified trauma and stressor related disorder is granted, subject to the laws and regulations governing the payment of monetary benefits. Service connection for sleep apnea is remanded.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected lumbar spine disability, with obesity serving as an intermediate step.

The Veteran's service-connected PTSD is being considered as a potential cause of his current diagnosis of OSA. The Board has determined that there was an error in the initial decision and requires further examination to determine if OSA is secondary to PTSD.

The Veteran withdrew his appeal for increased ratings of PTSD and scoliosis of the lumbosacral spine, resulting in their dismissal.

The Board has restored service connection for lumbosacral strain with IVDS and right lower extremity radiculopathy, finding that the original grant of service connection was not clearly erroneous.

The Veteran's substantive appeal to the September 2018 SOC was timely filed, and his claims for service connection for jaw condition, sinus condition, and sleep apnea are granted.

The Board denied an earlier effective date for the grant of TDIU, finding that the Veteran did not meet the schedular requirements for a TDIU prior to December 11, 2015.

The Veteran's PTSD, sleep apnea, right ankle scar, and knee conditions have been granted. The Veteran is now rated at 10 percent for her right ankle scar.

The Board has remanded the claims for service connection due to duty-to-assist errors, including obtaining missing service personnel records and VA treatment records. The Veteran's acquired psychiatric disability and OSA are being reviewed again with new medical opinions provided.

The Veteran's lumbosacral strain is granted as service connected. The right shoulder condition with pain and motion is remanded for further examination.

Your appeal regarding service connection for obstructive sleep apnea has been dismissed because it was improperly docketed in the AMA system.

The Veteran's OSA is currently rated at 50 percent disabling, and the Board finds that a higher rating is not warranted as his symptoms do not meet the criteria for chronic respiratory failure or require a tracheostomy.

The Veteran's obstructive sleep apnea was granted service connection as it is related to his active duty service, despite the VA examiner stating there was no direct link.

The Veteran's appeal was denied for various conditions, including allergic rhinitis, left ear hearing loss, tinnitus, hernia condition, right ankle and leg disabilities, sinusitis, cervical spine and lumbar spine conditions, chronic heart disease, chronic heart failure, hypertension, and sleep apnea. The appeals were all denied as the evidence did not meet the criteria for a higher rating or service connection.