Sleep apnea decisions — 2024

The Board has decided to remand the Veteran's claim for an increased rating of his lumbar spine disability due to a pre-decisional duty to assist error, specifically regarding the need for a VA examination addressing ankylosis.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of December 27, 2018. The Board found that the earlier effective date should be December 27, 2018 due to continuous pursuit of the claim.

The appeal seeking review of the previously denied claims for service connection for sleep apnea syndrome and obstructive sleep apnea is dismissed.

The Veteran's GERD, headaches, ED, and OSA are all found to be secondary to his service-connected PTSD.,An earlier effective date for the award of service connection for basal cell carcinoma is denied.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and granted service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea has been granted, and the appeal is dismissed as moot. The issue of service connection for gastroesophageal reflux disease (GERD) is remanded due to lack of pre-decisional duty to assist errors.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and obesity, finding that there was no evidence linking these conditions to his active service or any incident of service.

The Veteran's chronic sinusitis/nasal polyposis, PTSD, and OSA have been granted service connection. The Veteran is also receiving a 70 percent rating for his PTSD and special monthly compensation at the housebound rate.

The Board has decided that the Veteran's service-connected PTSD may be aggravating her newly diagnosed OSA, but it is not clear if this aggravation was caused by her PTSD. The case is being sent back to the AOJ for further review and clarification.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on housebound status as he is not permanently confined to his dwelling and immediate premises due to service-connected disabilities.

The Veteran's migraine headaches are granted service connection. The Board has remanded the issues of service connection for bilateral feet, bilateral knee, neck, back and right shoulder disabilities to include as secondary to his service-connected left shoulder disability.

The Board has decided to remand the case due to a duty to assist error, and will need to obtain an opinion regarding whether the Veteran's OSA is secondary to his service-connected PTSD and/or right knee condition.

The Board has remanded the case due to a lack of VA examination and medical opinion regarding the Veteran's sleep apnea, which is presumed related to toxic exposure risk activity under PACT Act. The claim will be reconsidered with this information.

The Veteran's sarcoidosis is caused by service, and he is granted service connection for this condition.,Service connection cannot be established for kidney disease as there is no evidence of its onset during or within one year following service. The Board finds the evidence does not support a finding that it was related to service.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the inadequacy of a previous VA examination and opinion.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected mental health conditions, and grants service connection for this condition.

The Veteran's lumbosacral strain with degenerative arthritis of the spine was granted an increased rating from August 17, 2019 to October 29, 2019.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment, leading to a grant of TDIU.

The Board has determined that the Veteran does not have a current ulcer and therefore, service connection for an ulcer is denied. The remaining issues on appeal are remanded due to pre-decisional duty to assist errors.

The Veteran's claims for increased ratings for migraines, degenerative disc disease and degenerative joint disease of the lumbosacral spine, spondylolisthesis, and radiculopathy of the right lower extremity are being remanded due to incomplete treatment records from his VA medical center in Honolulu.