Sleep apnea decisions — 2024

The Veteran's combined rating for service-connected disabilities was calculated correctly at 60 percent. The appeal is dismissed as the decision to calculate the combined rating was not final when the Veteran appealed it.

The Board has determined that there is at least a 50% chance (equipoise) that the Veteran's obstructive sleep apnea was caused by his service-connected bilateral knee disabilities, with obesity as an intermediate step. Therefore, service connection for this condition is granted.

The Board has remanded the case due to a lack of a VA examination for service connection of obstructive sleep apnea, which is currently diagnosed. The Veteran claims that his sleep apnea manifested in service and submitted buddy statements supporting this claim.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected lumbosacral strain, with obesity as an intermediate step. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's lumbosacral strain was rated at 10% from August 5, 2019. The claim for a higher rating was filed on May 22, 2020, and the Board found that the effective date should be set to May 22, 2020, as this is when the Veteran first submitted a claim for an increased rating.

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed due to the death of the Veteran.

The Board has granted service connection for right knee strain and denied service connection for hypertension, OSA, cervical spine arthritis, left shoulder arthritis, and lumbar spine arthritis. The Veteran's right knee strain is found to be related to his in-service symptoms and post-service treatment. However, the Board determined that there was no nexus between the current diagnosis of hypertension and the elevated blood pressure readings during service.

The Veteran's appeal for an earlier effective date for service connection for Posttraumatic Stress Disorder was denied. The appeal for an earlier effective date for the disability rating of Steroid Rosacea was dismissed.,The Veteran did not timely file a Notice of Disagreement within one year from the issuance of a decision regarding his claim for PTSD, and good cause has not been shown to extend this period.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it began during active service and resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's claims for service connection for cardiomyopathy with atrial fibrillation and obstructive sleep apnea, to include as secondary to a heart disability, require further development due to duty-to-assist errors. Specifically, additional evidence of exposure to toxic hazardous substances during active-duty service is needed, along with a VA examination to address the etiology of these conditions.

The Board has granted a revision of the April 6, 2021 decision to reflect an earlier effective date of February 5, 2012 for the grant of individual unemployability due to service-connected disability (TDIU). The Veteran's TDIU claim was inferred during the course of his appeal for service connection claims.

The Board has remanded the claims for service connection due to duty-to-assist errors and new evidence submitted by the Veteran. The claims will be reconsidered with consideration of potential exposure at Fort Eustis and Johnston Atoll.

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new evidence that may support his claim. The Board finds that a new medical opinion is needed to determine if the Veteran's current sleep apnea had its onset during active service or is related to in-service symptoms.

Service connection for diabetes mellitus type II (DM II) is granted. Service connection for an acquired psychiatric disorder, to include unspecified depressive disorder; a vision disorder; and obstructive sleep apnea (OSA) are remanded.

The Board denied the Veteran's request for an earlier effective date of September 4, 2020, for a 100% disability rating for partial hemidiaphragmatic paralysis with obstructive sleep apnea. The decision found that no claim for service connection for sleep apnea was raised prior to September 4, 2020.

The Board has denied the Veteran's claim for service connection for a left ankle disability due to lack of current diagnosis.,All other claims on appeal are remanded as there is a duty to assist error in obtaining opinions prior to the May 2019 rating decision.

The Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment as of November 27, 2020. An effective date of November 27, 2020 is granted for the assignment of a total disability rating based on individual unemployability (TDIU).

The Veteran's lumbosacral strain is currently rated at 10 percent, and the Board has decided to remand the case for a new VA examination to determine the appropriate rating.

The Board has decided to remand the Veteran's claims for service connection for headaches and sleep apnea due to insufficient evidence regarding the causal relationship between these conditions and his military service. The RO is instructed to provide a VA examination to address these issues.

The Veteran's sleep apnea is at least as likely as not caused or aggravated by his service-connected diabetes mellitus type II with hypertension and diabetic nephropathy.