Sleep apnea decisions — 2024

The Board has granted service connection for the Veteran's sleep apnea as secondary to his service-connected right ankle strain, finding that the evidence is at least evenly balanced in favor of this claim.

The Veteran's OSA is being remanded due to a duty to assist error in the previous VA examination and opinion. The claim will be readjudicated after an adequate VA examination.

The Board has determined that the Veteran's service-connected major depressive disorder did not cause or contribute to his current hypertension, obstructive sleep apnea, and diabetes mellitus with obesity as an intermediate step.

The Board has dismissed the Veteran's appeal for service connection of obstructive sleep apnea as it was a concurrent election with another pending appeal.

The Veteran's claims for lumbosacral strain with degenerative arthritis, left ear hearing loss, sinusitis, and allergic rhinitis have been granted. The claim for right ear hearing loss is remanded.

The Board has remanded the Veteran's claim for special monthly compensation based on aid and attendance due to service-connected disabilities. The AOJ is instructed to consider whether the Veteran requires the aid and attendance of another person solely due to effects of service-connected disabilities, including differentiating symptoms of peripheral neuropathy from non-service-connected back pain.

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

The Board has remanded the case due to a lack of relevant private treatment records in the claims file, which may be necessary for proper adjudication.

The Board denied service connection for obstructive sleep apnea as it was not incurred in or aggravated by active duty, and there is no link to a service-connected disability.

The Board grants the Veteran's claims of entitlement to service connection for his lumbar spine, left knee, and obstructive sleep apnea disabilities as secondary to his service-connected right knee disability.

The Board has granted service connection for urinary disability secondary to obstructive sleep apnea and erectile dysfunction secondary to PTSD, finding that the Veteran's conditions are related to his service-connected disabilities.

The Veteran's claims for service connection have been granted with effective dates of August 27, 2010.,All other claims were denied or remanded.

The Board has dismissed the Veteran's service connection claim for sleep apnea secondary to heart disease. The Veteran's PTSD is now rated at 50 percent, effective from October 4, 2022.

The Veteran's ratings for lumbosacral strain and right lower extremity radiculopathy are restored to 20 percent. The claims of service connection for left hip disability, right hip disability, and urinary incontinence are remanded.

The Board denied an increased rating for PTSD and granted service connection for sleep apnea, while denying service connection for right and left shoulder disabilities.

The Veteran's acquired psychiatric disability is granted a total evaluation, effective from June 29, 2016.,A 60 percent evaluation for seizure disorder is granted, effective from June 29, 2016.

The Board remands the claim for service connection for obstructive sleep apnea for further development, as there is a pre-decisional duty to assist error that needs to be remedied.

The Board denied service connection for lumbosacral strain and pes planus, finding that new and relevant evidence had not been submitted to warrant readjudication of the claim for lumbosacral strain and that there was no evidence supporting a direct or secondary connection between the Veteran's disabilities and his military service.

The Board denied the Veteran's claims for service connection for depressive disorder, generalized anxiety disorder, and sleep apnea. The evidence did not support a finding that these conditions began during active service or were related to an in-service injury or disease.

The Board denied an evaluation in excess of 30 percent for multiple sclerosis and granted evaluations of 40 percent, 30 percent, and 20 percent for left upper extremity peripheral neuropathy, right upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy (sciatic) respectively. The Board also denied an evaluation in excess of 20 percent for voiding dysfunction and loss of bowel control.