Sleep apnea decisions — 2024

The Veteran's claim for service connection for tinnitus has been granted. The Board found that the Veteran had continuous symptoms of tinnitus since service and met the requirements for presumptive service connection under 38 C.F.R. § 3.303(b).

The Veteran's claim for service connection for obstructive sleep apnea has been granted. The claims for hepatitis B and an acquired psychiatric disorder other than PTSD have been remanded.

The Board has denied service connection for tinnitus due to a lack of evidence showing the Veteran currently suffers from this condition.,Service connection is being remanded for bilateral hearing loss, PTSD, adjustment disorder, and obstructive sleep apnea as these claims are inextricably intertwined with the denial of service connection for tinnitus.

The Veteran's appeal for an initial rating greater than 50 percent for obstructive sleep apnea is dismissed as the Veteran has withdrawn his appeal through his authorized representative.

An effective date of February 14, 2020, is granted for the grant of service connection for OSA.,A TDIU based solely on PTSD since December 15, 2011, is granted.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and gastroesophageal reflux disease (GERD) were denied. The Board found that the evidence did not support a rating in excess of 10 percent for either condition.

The Board denied the Veteran's appeals for service connection for anxiety, headaches, and sleep apnea due to lack of new and relevant evidence.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and his claims for service connection for cervical spine disorder were granted. The decision also addressed the denial of service connection for dental issues.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance due to his diabetes, peripheral neuropathy, and coronary artery disease. The Board has granted SMC based on the need for aid and attendance.

The Board has determined that there were duty to assist errors prior to the February 2023 rating decision and remands the case for a new VA medical opinion addressing the nature and etiology of the Veteran's OSA.

The Board has granted the Veteran's claim for service connection of Obstructive Sleep Apnea (OSA) as secondary to his service-connected Post-Traumatic Stress Disorder and Anxiety Disorder, finding that obesity was an intermediate step between these conditions.

The Veteran's claims for obesity, peripheral neuropathy of the bilateral upper extremities, right knee osteoarthritis status post total knee arthroplasty, left foot disorder, diabetes mellitus type II, lumbar spine disorder, sleep apnea, and hypertension have been denied. The Board found that there is no evidence to support these claims.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is proximately due to or caused by his service-connected left thumb injury, and if so, whether it was aggravated by any other service-connected conditions.

The Veteran's claims of service connection for sleep apnea, left knee strain, and right knee strain are being remanded due to the need for additional medical opinions regarding the relationship between his service-connected PTSD and these conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected right ankle sprain with severe sprain of the anterior talofibular ligament with mild lateral instability.

The Board has found that the VA did not substantially comply with its August 2023 remand directives and thus requires additional development to obtain missing records.

The Board has remanded the case due to inadequate compliance with prior remand directives and an insufficient VA examination. The Veteran's sleep apnea is being reviewed for potential service connection, including consideration of whether it is related to his service-connected acquired psychiatric disorder.

The Board has determined that the VA-obtained medical opinions are inadequate and remands the case for an addendum opinion to address whether the Veteran's OSA is caused by or aggravated by service-connected thoracolumbar spine strain and/or PTSD with persistent depressive disorder and generalized anxiety disorder.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that these conditions are proximately due to the Veteran's service-connected low back disorder.

Service connection for OSA is granted, while an initial rating in excess of 30 percent for GERD is denied.