Sleep apnea decisions — 2024

The Veteran's claim for service connection for obstructive sleep apnea was denied. From October 23, 2019 to May 13, 2020, the Veteran received a grant of TDIU benefits due to his combined disability rating exceeding 60%. For the period prior to October 23, 2019, TDIU was denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to obesity due to his service-connected musculoskeletal disabilities. The opinion of a private nurse practitioner supports that the Veteran's weight gain and obesity are related to his service-connected right knee strain, lumbosacral strain, and right lower extremity sciatica disabilities, which in turn caused him to develop OSA.

The Board has determined that the Veteran's claim for service connection for sleep apnea, to include as secondary to PTSD, is remanded due to inadequate medical opinions provided by VA. The case will be returned to the AOJ for further evaluation and consideration.

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

The Veteran's appeal for increased ratings for cervical strain and lumbosacral strain is being remanded due to the need for a new examination to assess the presence of radiculopathy or numbness conditions, which may be related to his service-connected cervical strain or lumbosacral strain.

The Board has denied service connection for asbestosis and remanded the issue of sleep apnea due to a lack of VA examination.

The Board has determined that the Veteran's obstructive sleep apnea and erectile dysfunction are not caused or aggravated by his service-connected major depressive disorder. The claims are being remanded for further development.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis and spondylolisthesis is service-connected, as it is linked to an in-service vehicular accident.

The Board has denied the Veteran's claims for service connection for left hand sprain and lumbosacral strain, finding that there is no evidence of a nexus between these conditions and his military service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected acquired psychiatric disorder (PTSD).

The Board has remanded the Veteran's claims for service connection due to errors in the pre-decisional duty to assist and incomplete records. The Veteran is presumed exposed to toxic substances during his Southwest Asia theater of operations.

The Veteran's appeal for SMC at the intermediate rate was granted, with two half-steps awarded due to service-connected depressive disorder and obstructive sleep apnea. The Veteran is already entitled to a full step (SMC-L) based on his need for aid and attendance.

The Veteran's migraine headaches are found to have started during service and granted service connection.,There is no evidence of sleep apnea or related disability, and the claim for this condition is denied.

The Veteran's claims for PTSD, arrhythmia, hypertension, diabetes, skin rash, sleep apnea, TBI, vertigo, and erectile dysfunction were denied as there is no persuasive evidence of a current disability or a link to service.,Specifically, the Board found that the Veteran did not have a current diagnosis of PTSD under DSM-5 criteria at any time during or approximate to the pendency of the claim. The Veteran's arrhythmia and hypertension are conceded but do not meet the nexus requirement as there is no persuasive evidence they began in service.,The Veteran's diabetes was not shown as chronic in service, manifested to a compensable degree within the applicable presumptive period, or etiologically related to an in-service injury or disease. The Veteran's skin rash and sleep apnea were also denied due to lack of persuasive evidence.

The Veteran's claims for PTSD, arrhythmia, hypertension, diabetes, skin rash, sleep apnea, TBI, vertigo, and erectile dysfunction were denied as there is no persuasive evidence of a current disability or a link to service.,Specifically, the Board found that the Veteran did not have a current diagnosis of PTSD under DSM-5 criteria at any time during or approximate to the pendency of the claim. The Veteran's arrhythmia and hypertension are conceded but do not meet the nexus requirement as there is no persuasive evidence they began in service.,The Veteran's diabetes was not shown as chronic in service, manifested to a compensable degree within the applicable presumptive period, or etiologically related to an in-service injury or disease. The Veteran's skin rash and sleep apnea were also denied due to lack of persuasive evidence.

The Board has decided to remand the case due to a pre-decisional duty-to-assist error, specifically regarding the relevance and content of the June 2018 sleep study report. The Veteran's OSA is being considered for service connection.

The Board has remanded the case due to a lack of an adequate rationale regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected right foot fifth toe disability, left knee disability, and tinnitus.

The Veteran's claim for service connection for lumbosacral strain was granted with an effective date of January 2, 2014. The decision is based on newly received service department records from the Veteran's in-service treatment in August 2009.

The Veteran's asthma was granted an increased rating to 30 percent effective November 19, 2019. Service connection for sleep apnea and tinnitus were also granted.

The Veteran's low back disability is rated at 40 percent effective January 29, 2009. The rating will be reduced to 10 percent prior to May 29, 2018 and increased to 40 percent thereafter.