Sleep apnea decisions — 2024

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

Your appeal has been dismissed because the VA Form 10182 received on April 20, 2022 is a duplicate of an earlier form submitted on April 12, 2022. The issues you raised are identical to those in your previous appeal.

The Board has determined that a remand is necessary to address the Veteran's claim of service connection for obstructive sleep apnea (OSA), as secondary to hypertension and related to toxic exposure. The current examination provided by VA does not adequately address the legal standard for secondary service connection, nor does it provide an opinion on whether OSA was aggravated by service-connected hypertension.

The Board has remanded the issues of service connection for right knee strain, left knee strain, lumbosacral strain, and left hip strain due to duty-to-assist errors. The Veteran's claims are being remanded to obtain adequate medical opinions regarding whether his lumbar spine, bilateral knee, and left hip disabilities are caused or aggravated by his service-connected pes planus and bilateral ankle disabilities.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's sleep apnea claim.

The Veteran's service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment, and the Board denies his claim for a total disability rating based on individual unemployability (TDIU).

The Board has remanded the Veteran's claims of service connection for a spine disorder and an eye disorder due to inadequate medical opinions regarding their etiology. The AOJ will consider any evidence submitted during the higher-level review process.

The Veteran's obstructive sleep apnea was found to have begun in service and has continued since then. The Board granted service connection for this condition on a direct basis.

The reduction of the disability rating for lumbosacral strain with myofascial pain syndrome was not proper, and a 20 percent rating is restored. The issue of service connection for cervical degenerative disc disease with radiculopathy (claimed as neck pain) requires further examination.

The Veteran's claims for service connection for various conditions, including OSA and shortness of breath, are remanded due to the need for additional development regarding his claimed active duty service.,The Veteran is also asked to provide verification of any additional periods of service.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD and/or TBI. The case will be returned for further examination and opinion.

The Veteran's claims for increased ratings for his lumbar spine and bilateral hip disabilities were denied. The Board found that the evidence did not support a higher rating than 20 percent for the lumbar spine disability, and separate compensable ratings (10 percent) were assigned for each hip strain.

The Board denied the Veteran's claims for earlier effective dates for his lumbosacral strain and PTSD with depression evaluations, finding that there was no increase in severity of these conditions within one year prior to June 1, 2016.

The Veteran's initial ratings for degenerative arthritis with other intervertebral disc displacement of the lumbosacral region, LLE radiculopathy affecting the femoral nerve, and LLE paresthesia meralgia have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Veteran's claim for an effective date earlier than August 21, 2008, for the award of service connection and a 50 percent rating for sleep apnea was denied.,The Veteran's claim for an evaluation in excess of 50 percent for service-connected obstructive sleep apnea was denied.,The Veteran's claim for TDIU from August 21, 2008, was granted.,The Veteran's claim for SMC based on housebound status prior to September 29, 2016, was denied.

The Veteran's claims for a compensable rating for bilateral hearing loss and service connection for sleep apnea were denied. The Board found that the evidence did not support a finding of service connection or entitlement to a higher rating.

The Veteran's sleep apnea, hypertension, and heart condition are granted service connection. The claims for diabetes mellitus, type II (DM) and colon cancer are remanded.

The Veteran's current diagnosis of obstructive sleep apnea is found to be causally related to his service-connected sinusitis and allergic rhinitis, with all reasonable doubt resolved in favor of the Veteran. Service connection for this condition is granted.

The Veteran's claim for an earlier effective date for asthma and a separate compensable disability rating for asthma is denied. The Board found that the evidence did not support entitlement to these claims.

The Board has found that the Veteran's May 5, 2020 notice of disagreement (NOD) was timely filed in response to the March 20, 2020 Statement of the Case. As a result, the appeal is granted for the issues related to hepatitis C and reopening claims for left ear hearing loss, tinnitus, residuals of a head injury, depression, and sleep apnea.