Sleep apnea decisions — 2024

The appeal regarding the effective date for the award of service connection for obstructive sleep apnea is denied. The Veteran's claim for earlier effective date than May 12, 2020 for the award of service connection for obstructive sleep apnea is also denied.

The Veteran's service-connected conditions have rendered him unable to secure and maintain substantially gainful employment, leading to a grant of TDIU. Additionally, he is eligible for SMC at the housebound rate due to his psychiatric disorder.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA), finding that it is proximately due to his service-connected psychiatric disorder, with obesity as an intermediate step.

The Veteran's OSA is found to be caused by his service-connected PTSD, and thus granted as secondary service connection.

The Veteran's claim for service connection for a lumbosacral strain (claimed as back pain), to include as secondary to his service-connected PTSD, is being remanded due to the inadequacy of the VA medical opinion and the need for an updated examination.

The Veteran's OSA was not diagnosed during service and there is no evidence to support a finding that it began in service. The Board found the Veteran's claim for service connection for OSA denied.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) first manifested during active service and is related to his military service, granting the claim for service connection.

The Board has remanded the Veteran's claims for lumbosacral strain with spondylosis, arthritis, and disc degeneration and cervical spine spondylosis with moderate disc degeneration due to inadequate VA examination findings.

The Veteran's service-connected disabilities, including obstructive sleep apnea and major depressive disorder, render him unable to secure or follow a substantially gainful occupation. The Board finds that the evidence is in equipoise as to whether his service-connected conditions meet the criteria for TDIU.

The Board has decided to remand the claims for sinusitis and sleep apnea due to a need for a TERA examination and opinion, as the PACT Act was not in effect at the time of the previous decision.

The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors, specifically regarding examinations and opinions related to his claimed conditions.

The Veteran's claims for higher initial ratings for left knee disability, low back disability, and hemorrhoids have been denied. The VA has determined that the evidence does not meet the criteria for a compensable rating in any of these cases.

The Board has determined that the Veteran's service-connected bilateral knee disabilities caused him to become obese, which in turn caused his Obstructive Sleep Apnea (OSA). Therefore, the claim for secondary service connection for OSA is granted.

The Board denied the Veteran's claim for SMC based on regular aid and attendance due to insufficient evidence showing that his service-connected disabilities required him to be in need of regular aid and attendance.

The Board has granted an effective date of January 15, 2020 for the grants of service connection for PTSD and sleep apnea. The decision is based on the Veteran's submission of a completed application within one year of his intent to file.

The Board dismissed the claim for service connection for hypertension as a matter of law, denied an initial compensable rating for bilateral hearing loss, and remanded claims for service connection for various conditions including a lumbar spine disorder, bilateral plantar fasciitis, vertigo, sleep apnea, skin cancer, and an acquired psychiatric disorder.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea (OSA) prior to December 3, 2012 is denied. The earliest possible effective date for the grant of OSA was December 3, 2012.

The Veteran's jaw condition is granted as service connected.,Service connection for residuals of pneumonia is denied.,Right knee disability secondary to right ankle disability is granted.,Bilateral hearing loss is granted as service connected.,Sleep apnea is granted as secondary to the jaw condition.

The Board has granted service connection for a cervical spine disability, but remanded the claim of service connection for sleep apnea due to inadequate examination and opinion.

The Board has granted service connection for OSA due to exposure to toxins during service. The decision resolves reasonable doubt in favor of the Veteran.