Sleep apnea decisions — 2024

The Board denied the Veteran's claims for service connection of left foot and right foot disabilities, finding no current disability diagnoses. The reduction in rating for lumbar spine disability was also denied.

The Veteran's claims for earlier effective dates for service connection were denied as the earliest possible effective date provided by law is August 11, 2021.

The Board has granted the Veteran's request to readjudicate his claim for service connection for a lumbar spine disability, finding that new and relevant evidence supports this decision. The Veteran is now entitled to service connection for chronic low back pain with sciatica, which began during active service.

The Board has granted service connection for scoliosis and remanded the issue of secondary service connection for lumbar spine disabilities other than scoliosis.

The Veteran's lumbosacral strain was rated at 10 percent since November 27, 2021. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or IVDS formula.

The Veteran's OSA requires the use of a breathing assistance device such as CPAP machine, but does not meet criteria for higher ratings due to lack of chronic respiratory failure or tracheostomy.

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

The Board denied a request for an earlier effective date for the grant of service connection for sleep apnea, finding that the earliest available effective date is March 17, 2022, when VA received the Veteran's claim.

The Board has determined that the VA examinations and opinions are inadequate for adjudicatory purposes due to their focus on obesity as an intermediate step, rather than directly addressing whether the Veteran's sleep apnea is caused by or aggravated by his service-connected anxiety disorder. The case is therefore being remanded for additional examination and opinion.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected mental health condition caused his obesity and/or aggravated it, which is necessary for determining if sleep apnea can be service connected.

Service connection for asthma and OSA is granted due to exposure to burn pits, while service connection for chronic cough is denied.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD, finding that the evidence supports a causal link between the two conditions.

The Veteran's TDIU claim is being remanded for a determination on whether he should have been granted TDIU prior to February 23, 2021. The Board finds that the Veteran has continuously pursued his service connection claims since April 25, 2018 and that the issue of whether TDIU can be granted prior to February 23, 2021 remains on appeal.

The Board has determined that the Veteran's claim for service connection for a bulging disc is denied, and the claims for increased ratings for left knee and lumbosacral strain disabilities are remanded due to inadequate examination reports.

The Board has remanded the cases for adjudication of the surviving spouse's eligibility to substitute in her husband's claims of service connection.

The Board denied the Veteran's claim for service connection for sleep apnea with CPAP, finding that there was no evidence of a disease or injury incurred during honorable service and no indication that the current condition is related to any period of service.

The Board dismissed the appeal regarding the service connection for hypertension and sleep apnea as the appellant requested withdrawal of the appeal.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities is pending and requires further review with an addendum opinion from a clinician.

The Board has denied service connection for sleep apnea and erectile dysfunction as there is no evidence that these conditions began in service or are related to a service-connected disability.

The Veteran's claims for increased ratings for his lumbosacral strain, lumbar spondylosis, degenerative disc disease, bilateral lower extremity radiculopathy, and bilateral knee disabilities are being remanded due to inadequate examination reports. The VA will conduct new examinations to assess the severity of these conditions during the rating period.