Sleep apnea decisions — 2024

The Board has granted effective dates of July 12, 2021 for the grant of service connection for kidney cancer, s/p nephroureterectomy, and residual scars, s/p left nephroureterectomy. The Veteran also received SMC based on housebound criteria.

The Veteran is granted earlier effective dates of March 28, 2019 for a 70% rating for PTSD with Major Depressive Disorder and a 20% rating for Lumbosacral Strain.,These ratings are based on the Veteran's service-connected conditions being manifested since her discharge from active service.

The Veteran's claim for hypertension, to include as secondary to service-connected PTSD, is remanded due to the submission of new and relevant evidence.,The Veteran's claims for erectile dysfunction, sleep apnea, and chronic fatigue syndrome, all to include as secondary to service-connected PTSD, are not warranted based on the submitted evidence.

Service connection is granted for GERD (acid reflux).,Service connection is denied for Hepatitis C and Sleep apnea.,The claim of service connection for asthma remains pending and requires further review.

The Veteran's erectile dysfunction is proximately caused by medication taken for service-connected PTSD.,The Veteran's obstructive sleep apnea and migraine headaches are related to toxic exposure risk activity during service, including burn pits and hazardous materials.,Service connection for migraine headaches as secondary to service-connected tinnitus and/or PTSD is remanded due to a lack of an addendum medical opinion.

The Veteran's sleep apnea with asthma is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has dismissed the claim of service connection for bilateral hearing loss due to a lack of readjudication in the September 2019 rating decision. The appeal of service connection for sleep apnea is remanded.

The Veteran's appeals for an effective date prior to December 27, 2022 and for a higher initial evaluation for obstructive sleep apnea have been dismissed due to the Veteran's withdrawal of his appeal.

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

The Board has dismissed the Veteran's appeals regarding service connection for various foot conditions, sleep apnea, and spine disability due to the Veteran's withdrawal of the appeal prior to a decision.

The Veteran's appeal is remanded for further development regarding service connection for a stomach disability.,Service connection for bilateral hearing loss, pes planus (left foot), and left forearm disability are denied. Service connection for sleep apnea remains in dispute.

The Board has remanded the Veteran's claims for further development due to pre-decisional duty to assist errors regarding his service connection claims.

The Board has remanded the claims for service connection due to a duty to assist error, and will need an addendum opinion from the VA examiner.

The Veteran's service connection claim for Obstructive Sleep Apnea (OSA) is denied because the evidence does not show a relationship between his obesity and any service-connected disability, nor does it establish that OSA had onset in service or was caused by a service-connected condition.

The Veteran's sleep apnea was incurred during his active duty service, and the Board granted service connection for this condition.

The Veteran's claims for service connection and increased ratings are denied. The AOJ is directed to obtain a VA medical examination addressing the nature and etiology of the claimed conditions, specifically plantar fasciitis in the left foot.

The Veteran's claims for service connection for obstructive sleep apnea and diabetes mellitus type II were denied in November 2013. The Veteran did not timely appeal these decisions, so the cases have been dismissed.

The Board has dismissed the appeal for service connection for sleep apnea due to a failure to follow VA's claims processing rules.

The Board has decided to remand the claim of service connection for sleep apnea due to a duty to assist error. A VA examination is required to determine if the Veteran's sleep apnea is at least as likely as not related to his military service.

The Veteran's claim for service connection for his lumbar spine condition is granted with an effective date of April 30, 2007.