Sleep apnea decisions — 2024

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there was no evidence of an in-service incurrence or aggravation of a disease or injury, and OSA did not manifest until years after service.

The Veteran's appeal for an increased rating for tinnitus and service connection for diabetes, headache disorder, sleep apnea, GERD, and PTSD has been dismissed.,Service connection claims for headache disorder, sleep apnea, and PTSD have also been dismissed.

The Board has granted service connection for sleep apnea, secondary to PTSD, on a causation basis. The evidence is approximately evenly balanced as to whether the Veteran's sleep apnea was caused by his service-connected PTSD.

The Veteran's claim for an earlier effective date prior to December 18, 2020, for the grant of service connection for sleep apnea was denied. The effective date is set at December 18, 2020.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a VA examination and medical opinion considering his exposure to burn pits during service in Kuwait.

The Board has determined that the Veteran's bilateral retinitis pigmentosa began in and is related to his active-duty service, granting the claim for service connection.

The Veteran's appeals for increased disability ratings have been dismissed due to his withdrawal of all issues appealed.

The Veteran's claim for service connection for tinnitus has been granted. The claims for sleep apnea and hearing loss have been remanded due to duty-to-assist errors.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to a duty-to-assist error, and requests additional medical opinions on whether his anxiety and physical disabilities caused or aggravated his sleep apnea.

The Board has restored the Veteran's disability ratings for his service-connected degenerative disc disease of the lumbosacral spine and lower back scar, effective October 1, 2021.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD, finding that the evidence is approximately evenly balanced in favor of this determination.

The Veteran's claim for SMC based on the need for regular aid and attendance is remanded due to pre-decisional duty to assist errors. The AOJ needs to obtain a VA examination to clarify whether his service-connected disabilities cause him to require the need for regular aid and attendance of another.

The Veteran's claims for increased ratings for right hip femoral acetabular impingement syndrome with impairment of the thigh and lumbosacral strain have been denied. The current rating of 20% for right hip femoral acetabular impingement syndrome with impairment of the thigh is upheld, as the evidence does not support a higher rating based on functional loss due to pain or other factors. The claim for increased ratings for limitation of extension and flexion remains denied.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed because the March 2022 VA Form 10182 notice of disagreement violated the prohibition on concurrent elections of review lanes.

The Veteran's major depressive disorder with alcohol use disorder in remission is granted at a 70% rating, effective from March 31, 2021. Service connection for obstructive sleep apnea is also granted.

The Veteran's claim for a back disability was previously denied in August 2012 and became final. The Veteran submitted new evidence in May 2020, which led to the grant of service connection for a back disability as secondary to his existing service-connected condition.,A right ankle fracture was granted service connection effective January 18, 2021, based on the date the claim was received.

The Veteran's claims for service connection and rating of various disabilities, including hearing loss, psychiatric conditions, sleep apnea, GERD, ulcers, prostate issues, hyperlipidemia, neck, back, ankle, elbow, eye glaucoma, foot, hip, shoulder, wrist, and knee disabilities are being remanded due to incomplete records and need for further development.

The Board has granted service connection for obstructive sleep apnea as secondary to allergic rhinitis and dismissed the claim of an increased rating for allergic rhinitis. The appeal regarding service connection for stiffness of neck is also dismissed.

The Board has remanded the case due to inadequate compliance with prior remand directives, specifically regarding the lack of an actual diagnosis during or within one year of service for the Veteran's obstructive sleep apnea.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his service-connected cervical spine strain, lumbosacral spine strain, and bilateral hip trochanteric pain syndrome. The issues are now pending before the Board.