Sleep apnea decisions — 2024

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, thus the Board has granted entitlement to total disability rating based on individual unemployability (TDIU).

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of June 1, 2013. The Board found that the Veteran's entitlement to service connection arose prior to his April 2014 claim and assigned a June 1, 2013, effective date based on the receipt of new service treatment records.

The Veteran's claims for service connection have been remanded due to insufficient evidence. The lumbosacral strain claim is denied, and the hearing loss claim is also denied.

The Board has decided to remand the case due to errors in obtaining relevant medical records and a need for further examination.

The Veteran requested withdrawal of his appeal for service connection for sleep apnea, which includes the claim that it is secondary to PTSD. The Board has dismissed this appeal.

The Board has decided to remand the case due to a duty-to-assist error in the original rating decision, and a new medical opinion is needed to address the Veteran's claim for service connection of OSA secondary to PTSD.

The Board has remanded the claims for service connection for tinnitus, psychiatric disorders, OSA, and bilateral hearing loss due to pre-existing duty as a field artillery turret mechanic. The Veteran's assertions of in-service noise exposure are considered.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and records. The issues of TBI, psychiatric disability, sleep impairment, headache, vestibular disorder, shoulder disabilities, knee, ankle, foot, and lower extremity peripheral neuropathy will be reconsidered.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the need for additional medical opinions regarding the relationship between his PTSD and sleep apnea, as well as a potential association with toxic exposure risk activities.

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Board has decided to remand the claim of service connection for sleep apnea due to conflicting evidence and a need for further medical opinion regarding causation and aggravation.

The Veteran's current diagnosed sleep apnea is related to service, and the Board has granted entitlement to service connection for this condition.

The Board has decided to remand the claim of service connection for sleep apnea, as secondary to PTSD. The VA examiner's opinion was inadequate and a new medical opinion is needed to address causation and aggravation.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between the Veteran's service-connected cervical spine disability and PTSD, as well as his obesity, and his obstructive sleep apnea (OSA).

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left ankle condition is currently rated as 10 percent disabling. The Board finds that a higher rating in excess of 10 percent is not warranted.,The Veteran's left TPS, limitation of extension is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left TPS, limitation of flexion is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's left TPS, impairment of thigh is currently rated as noncompensable, and the Board finds that a compensable rating is not warranted.,The Veteran's lumbosacral strain is currently rated as 10 percent disabling. The Board finds that a higher rating in excess of 10 percent is not warranted.

The Veteran's OSA is due to his service-connected PTSD, and the claim for secondary service connection has been granted from July 11, 2019.

The Veteran's claims for service connection for buttocks pain, rectal dysfunction, rheumatoid arthritis, non-union left elbow chip fracture with resolution of elbow effusion and osteoarthritis associated with history of lumbosacral strain with disk herniation at L4-5 and L5-S1 and DDD, and left shoulder strain have all been denied.,The Veteran's claims for service connection for right hip numbness, left hip numbness, a disability of the right foot toes, a disability of the left foot toes, a sleep disorder to include sleep apnea, hypertension, SMC based on need for regular aid and attendance, and an effective date prior to August 20, 2002 have been remanded.

The Veteran's migraine headaches are granted as secondary to his service-connected major depression. The claims for hypertension and OSA are remanded due to insufficient evidence.

The Veteran's appeals for service connection for diabetes mellitus, special monthly compensation (SMC) based on aid and attendance and/or housebound, obstructive sleep apnea, and fibromyalgia have been dismissed as the claims are still pending in the legacy appeal system.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. The effective date for bilateral hearing loss is denied, and the initial rating for bilateral hearing loss remains noncompensable.