Sleep apnea decisions — 2024

The Veteran's sleep apnea was diagnosed shortly after his last period of active service and the Board has determined that it is reasonable to conclude that the condition initially became symptomatic during active service. Therefore, the claim for service connection for sleep apnea is granted.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence to support a nexus between his current diagnosis and active duty service.

The Veteran's appeals for service connection for an acquired psychiatric disability, a left knee disability, and a rating in excess of 10 percent for lumbosacral strain have been dismissed due to the filing of a VA Form 10182 without withdrawing the prior request for supplemental review.

The Veteran's obstructive sleep apnea is due to his service-connected disabilities, including bilateral carpal tunnel syndrome, a lumbar spine disability, a left shoulder disability, a cervical spine disability, and bilateral lower extremity radiculopathy. Obesity was a substantial factor in causing the Veteran's obstructive sleep apnea.

Service connection for a lumbosacral strain and bilateral lower extremity radiculopathy is denied.,The Veteran's service connection claims were denied due to lack of evidence showing onset or continuity of symptoms during service, and the current conditions are not etiologically related to service.

The Board has determined that the Veteran's Obstructive Sleep Apnea is related to his service-connected lumbar spine disability, with weight gain as an intermediary step. The decision grants service connection for OSA secondary to the lumbar spine disability.

The Board has granted earlier effective dates of March 8, 2016 for the service connection of meningioma and sleep apnea.

The proposed reduction in rating for service-connected lumbosacral strain from 40% to 20% is dismissed because the action was not a final decision affecting the provision of benefits.

The Veteran's lumbosacral strain is currently rated at 20 percent, which does not meet the criteria for a higher rating. The Board found that his forward flexion of the thoracolumbar spine was 60 degrees, which does not warrant an increased rating.

The Veteran's claim for a rating in excess of 40 percent for his low back condition was denied. The Board found that the evidence did not support an increase to this level, as there was no unfavorable ankylosis. The Veteran's TDIU claim since November 19, 2020, was granted.

The Veteran's lumbosacral strain was previously rated at 10 percent and increased to 20 percent effective September 22, 2021. The appeal for higher ratings is denied.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected left ankle disability and/or psychiatric disorder, but denied service connection for alcohol use disorder (AUD).

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected post-traumatic stress disorder (PTSD) and left knee degenerative joint disease, status post ACL repair.

The Board has remanded the claims for service connection for various conditions due to inadequate VA opinions and potential duty-to-assist errors. The Veteran's claim for hepatosplenomegaly is denied as there is no evidence of this condition during or near the pendency of his appeal.

The Board has determined that the August 2021 rating decision on appeal is inadequate due to a duty-to-assist error and remands the case for further development.

Service connection for allergic rhinitis has been granted.,The Veteran's sleep apnea is not service-connected.

The Board denied the Veteran's request for a higher-level review of his claim for service connection for sleep apnea, as he did not file a proper supplemental claim despite multiple attempts by VA to advise him.

The Board has denied the Veteran's claims for service connection for hypertension, heart condition, kidney disease, and sleep apnea. The evidence does not support a finding that any of these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Veteran's service-connected disabilities have precluded him from securing or following a substantially gainful occupation since May 9, 2008.,The Veteran has been entitled to individual unemployability and basic eligibility to Dependents' Educational Assistance since May 9, 2008.

The Veteran's claim for service connection of OSA, secondary to his service-connected bilateral feet disability with obesity as an intermediate step, is being remanded due to a pre-decisional duty to assist error.