Sleep apnea decisions — 2024

The Veteran's claim for an earlier effective date for his service-connected sleep apnea (to include bronchial asthma) is denied as the claim was not received prior to November 22, 2019, and the September 2011 Board decision dismissing issues of increased rating and earlier effective date for bronchial asthma became final.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA), finding that it likely began during active military service.

The Board has awarded service connection for obstructive sleep apnea (OSA) and the appeal is dismissed as there remains no case or controversy.

The Board has denied the claim for service connection of OSA as secondary to tinnitus, finding that there is no causal or aggravating link between the two conditions.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no persuasive evidence that his current condition began during or was caused by his military service.

The Veteran's initial claim for a higher rating for lumbosacral strain prior to February 16, 2021 was denied. From February 16, 2021, the claim for an increased rating was also denied.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has dismissed the Veteran's appeal regarding service connection for hypertension as it was already granted in a previous decision. The claim for service connection for sleep apnea is denied because there is no evidence linking the condition to service or a service-connected disability.

The Veteran's service-connected low back, bilateral hip, and unspecified anxiety disorder are found to have caused his obesity, which as likely as not caused his sleep apnea. Service connection for sleep apnea is granted.

The Veteran's claims for increased ratings have been resolved by prior Board decisions, and the issue of entitlement to an initial rating in excess of 10 percent from September 8, 2009 through August 1, 2016 and in excess of 40 percent from August 2, 2016 for service-connected degenerative lumbar spine with degenerative disc disease and spinal stenosis is dismissed. The Veteran's claim for a compensable disability rating for obstructive sleep apnea has been denied due to the improper assignment of a pre-aggravation baseline.

The Veteran's bilateral pes planus is granted service connection based on aggravation during active duty. Service connection for obstructive sleep apnea and type II diabetes mellitus is denied as there is no evidence of manifestation within the presumptive period.

The Veteran withdrew his appeals on all issues related to service connection for various conditions, including sleep apnea, carpal tunnel disabilities, pseudofolliculitis barbae, knee disabilities, and lower back disability. As a result, the Board dismissed these appeals.

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

The Veteran's service-connected obstructive sleep apnea (OSA) is granted, as the evidence supports a causal link between his military service and his current condition.

The Veteran's degenerative arthritis of the spine with lumbosacral strain is granted as service-connected.,The Veteran's bilateral lower extremity radiculopathy, secondary to now service-connected degenerative arthritis of the spine with lumbosacral strain, is granted on a causation basis.,The Veteran's preexisting bilateral pes planus was aggravated by active duty service and is therefore service-connected.

The Veteran's appeal for service connection for obstructive sleep apnea secondary to PTSD, major depressive disorder, and binge eating disorder has been dismissed due to the Veteran's death.

The Veteran's appeals for service connection for transient ischemic attacks and recurrent sleep disability to include sleep apnea have been dismissed. The Board has also remanded the issues of rating in excess of 40 percent for head trauma residuals with craniotomy residuals with hardware placement, a cognitive disorder, and headaches prior to September 23, 2019; rating in excess of 70 percent for PTSD on and after September 23, 2019; and rating in excess of 10 percent for partial complex seizures.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during active service and were aggravated by his service-connected diabetes mellitus.

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to his active duty service, and therefore grants service connection for OSA.

The Veteran's service connection claims for various conditions, including PTSD, fibromyalgia, and sleep apnea, were granted effective August 18, 2015. The Board also found that the Veteran could not secure or follow substantially gainful employment due to PTSD from May 8, 2018, to February 29, 2020.