Sleep apnea decisions — 2024

The Board has decided to remand the claim for service connection for sleep apnea due to inadequate VA opinions and need for a new medical opinion.

The Veteran's service-connected disabilities, including PTSD and lumbosacral strain, render her unable to secure and follow a substantially gainful occupation from April 27, 2021. The Board granted the TDIU based on the cumulative effects of these conditions.

The Veteran's claims for increased ratings for left knee meniscus tear and lumbosacral strain are being remanded due to pre-decisional duty to assist errors.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected posttraumatic stress disorder (PTSD) and right knee anterior cruciate ligament tear and degenerative arthritis.

The Board has dismissed the appeals for entitlement to service connection for bilateral hearing loss and low back condition due to untimely filing of Notice of Disagreement. The appeal for sleep apnea is remanded.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Major Depressive Disorder with psychotic features.

The Board denied increased ratings for obstructive sleep apnea from November 7, 2017 to March 21, 2019 and from March 22, 2019 onwards. The evidence did not support the need for a CPAP machine or chronic respiratory failure.

The Board denied requests for earlier effective dates for service connection of generalized anxiety disorder, left shoulder strain, lumbosacral strain (back disability), and tinnitus as the earliest date of receipt was September 13, 2021.

The appeal for service connection of loss of right kidney is dismissed as moot. The appeal for service connection of obstructive sleep apnea is remanded.

The Board has decided to remand the case due to a need for an addendum medical opinion regarding whether the Veteran's pre-service back injury was aggravated by his active-duty service, including his in-service fall and back injury.

The Board has decided to remand both the service connection claim for sleep apnea and the rating claim for degenerative arthritis with intervertebral disc syndrome, lumbar spine. The claims will be reconsidered by the AOJ with new medical opinions provided.

The Board denied service connection for obstructive sleep apnea as there is no current diagnosis and the Veteran has not been treated for this condition.

The Board has decided to remand the case due to a lack of an opinion regarding whether the Veteran's sleep apnea was aggravated by his service-connected PTSD.

The Board has remanded the claims for service connection for b-cell leukemia, Hodgkin's disease, lymphosarcoma, and soft tissue sarcoma due to herbicide exposure. The VA examinations must address the Veteran's reported enlarged lymph glands from March 2010 and September 2015.

The Veteran's claim for a total disability rating due to individual unemployability (TDIU) from December 21, 2017 to July 20, 2020 was dismissed because he is already in receipt of a 100% combined schedular disability rating and none of his service-connected disabilities alone would warrant a TDIU.

The Veteran's sleep apnea, right and left knee disabilities, psychiatric disability, heart disability, and GI disability are all remanded for further development.

The Board has denied service connection for multiple skin conditions and bilateral peripheral neuropathy of the four extremities, both claimed as due to herbicide exposure (Agent Orange), based on a lack of evidence establishing a causal relationship between these conditions and the Veteran's presumed in-service exposure.

The Board has granted a rating of 40 percent for the appellant's low back disability, effective August 6, 2020. The skin disability is rated at 10 percent. Other issues remain in appellate status.

The Veteran's service-connected bilateral hearing loss and obstructive sleep apnea were denied as the evidence did not support a finding of in-service onset or connection to service.

The Veteran's lumbosacral strain is rated at 20 percent from April 12, 2016. He also received separate ratings of 10 percent for right and left lower extremity radiculopathy effective March 7, 2017, and July 30, 2019, respectively.