Sleep apnea decisions — 2024

The Veteran's appeal to restore a 100% rating for pulmonary tuberculosis with sleep apnea is dismissed as the rating has already been in effect for more than 20 years.

The Veteran's claims for increased ratings for lumbosacral strain and lumbar degenerative disc disease and spondylosis, as well as plantar fasciitis, were denied. The Veteran was not granted a higher disability rating.

The Board has remanded the Veteran's claims for diabetes, hypertension, and sleep apnea due to inadequate medical opinions regarding their onset or relationship to service. The VA is required to provide a new examination that addresses all pertinent evidence of record.

The Veteran's service connection for obstructive sleep apnea as secondary to PTSD is granted. The claims for fatigue, trigger thumbs, and respiratory disorder are denied.

The Board denied the Veteran's claims for service connection for bilateral ankle pain, diabetes mellitus, dyspepsia, erectile dysfunction, and sleep apnea due to lack of new and relevant evidence. The claim for a compensable disability rating for hearing loss was also denied.

The Veteran's increased ratings for lumbosacral spine strain and sciatic radiculopathy of the left lower extremity are denied as his disability picture does not warrant a higher rating under applicable criteria.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms began during service and resolving all reasonable doubt in his favor.

The Board has remanded the cases due to insufficient attempts by the AOJ in scheduling VA examinations for the Veteran. The Veteran's good faith efforts to reschedule were not adequately addressed.

The Board has granted service connection for sleep apnea, finding that the Veteran's lay statements and medical opinions support a link between his in-service experiences and the development of this condition.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring the Veteran to be scheduled for a VA examination to determine if his obstructive sleep apnea is related to his service.

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

The Veteran's allergic rhinitis has been granted a 30% evaluation. The cervical and lumbar spine disorders, as well as the obstructive sleep apnea, are being remanded for further development. The compensable initial evaluation for folliculitis of the scalp, face, and neck is also being remanded. The SMC claim is part of the pending increased rating claims.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected asthma, rendering the issue moot and thus dismissed.

The Veteran's claim for a higher disability rating for lumbosacral strain is remanded due to duty-to-assist errors, including the failure to obtain relevant private medical records and an inadequate VA examination.

The Veteran's claims for a compensable initial rating for allergic rhinitis and service connection for sleep apnea have been denied. The Board found that the evidence did not support granting these claims.

The Veteran's service connection claims for PTSD with TBI and vertigo, headaches, lumbosacral strain, sciatica (both sides), shoulder rotator cuff tendonitis (both sides), tinnitus, and bilateral varicocele and hydrocele are granted effective April 26, 2022.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD.

The Veteran seeks an earlier effective date for SMC based on housebound status and eligibility for Dependents' Educational Assistance (DEA) benefits. The Board has determined that the earliest possible effective dates are February 18, 2014 for SMC and February 19, 2014 for DEA.,The Veteran's service-connected disabilities include Ehlers-Danlos Syndrome, which was granted a permanent and total rating from February 18, 2014. This resulted in the assignment of earlier effective dates for both SMC and DEA benefits.

The Board has determined that there was a duty to assist error in the previous rating decision and has remanded the case for further development.

The Veteran's claims for low back pain, left lower extremity radiculopathy (sciatic nerve), and PTSD with mood disorder have been granted. The effective dates are set at July 13, 2020, for the low back pain claim, November 30, 2020, for PTSD, and October 7, 2021, for left lower extremity radiculopathy.