Sleep apnea decisions — 2024

The Veteran's claims for service connection for bilateral hearing loss and tinnitus were denied, while his claim for hemorrhoids as secondary to hypertension was granted. The Veteran received a 10 percent increased rating for sinusitis but the request for a higher rating in excess of 50 percent for obstructive sleep apnea with asthma was denied.

The Board dismissed the claim of service connection for obstructive sleep apnea because the Veteran filed a request for higher-level review (HLR) at the same time he sought Board review, and concurrent elections are prohibited.

The Board denied service connection for vertigo, obstructive sleep apnea as secondary to MDD and anxiety disorder, and left eye disability.,There is no evidence of a current disability manifested by vertigo. The Veteran's allegations are not credible.

The Board granted service connection for obstructive sleep apnea and headaches, but dismissed the appeals related to other conditions.

The Board remands the Veteran's claim for service connection for a sleep disorder, to include obstructive sleep apnea, for further development and an in-person examination.

The Veteran's lumbosacral strain is rated at 40 percent prior to December 2, 2019. A higher rating for this condition is denied. The right knee PFPS remains rated at 10 percent. Prior to September 1, 2020, a TDIU was granted based on service-connected disabilities; however, as of that date, the Veteran's service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Board has decided to remand the claims for service connection for sleep apnea and bilateral hearing loss due to outstanding VA treatment records and a need to address certain medical opinions.

The Board denied an initial rating in excess of 30 percent for bronchial asthma prior to April 2019, granted a 60 percent rating from April 2019 to April 2020, and denied a higher rating thereafter. Service connection was also denied for residuals from a head injury.

The Board has remanded the case due to insufficient evidence regarding service connection for OSA, specifically whether it is related to service or exposure to toxins during Gulf War service. The Veteran's current condition does not qualify for presumptive service connection under the PACT Act.

The Board denied the veteran's claims for earlier effective dates, increased ratings, and service connection for various conditions, except for sleep apnea which was granted.

The Board has remanded the case due to insufficient medical evidence regarding the Veteran's sleep disorder and its relationship to service or a service-connected disability. The Veteran will need another medical opinion to address these issues.

The Board has remanded the case due to inconsistencies in the evidence regarding the Veteran's symptoms and their relation to service. The VA will provide a new examination and opinion.

The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment, and she meets the requirements for special monthly compensation at the housebound rate. The TDIU is granted based on the combined 100 percent rating of all service-connected conditions.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected lumbar and cervical spine disabilities, thus granting service connection for this condition.

The Board remands the claim for a new VA examination to determine the current severity of the Veteran's obstructive sleep apnea and asbestos-related lung disease, as the previous examination was found inadequate.

The Board has granted an effective date of June 19, 2022 for SMC and SMC (p) based on the Veteran's service-connected disabilities. The Veteran is also entitled to a higher rate of SMC benefits at the P-2 level due to additional independent service-connected disabilities.

The Veteran's appeal of his claims for bilateral pes planus and sleep apnea has been dismissed due to the withdrawal of the appeals by his attorney prior to the Board's decision.

The Board has granted service connection for lumbosacral strain with muscular pain as secondary to the Veteran's service-connected left knee disability.,The Board has also granted service connection for right hip strain as secondary to the Veteran's service-connected left knee disability.

The Board has granted service connection for lumbosacral strain, cervical strain, and tinnitus. The diagnoses are based on the Veteran's in-service injuries and post-service medical records.

The Veteran's appeals for reductions in disability ratings and increased evaluations have been dismissed due to the Veteran withdrawing their appeals prior to a decision being made.