Sleep apnea decisions — 2024

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea is denied as the weight of evidence shows that the supplemental claim was filed on May 2, 2019.

The Board has determined that the Veteran's right ear hearing loss did not meet the criteria for service connection as it was not shown during active service or at any time thereafter.,The Board has also determined that the Veteran's recurrent lumbosacral spine disability, including degenerative disc disease and spondylosis, did not meet the criteria for service connection as there is no evidence of such disability in service or for many years thereafter.

The Veteran's claims for service connection for a right shoulder disorder and sleep apnea syndrome have been denied. The Veteran is granted a total disability rating based on individual unemployability due to PTSD.

The Veteran's TDIU claim is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration. The Veteran has multiple service-connected disabilities, but his combined rating does not meet the schedular requirements for a TDIU during any period on appeal.

The Veteran's sleep apnea and hypertension have been granted service connection, with the sleep apnea being granted on a direct basis. The Veteran is also assigned an initial rating of 10 percent for his hypertension.

The Board is remanding the claims for service connection for Meniere's disease and OSA as there are insufficient medical opinions to adjudicate these issues. The Veteran has been diagnosed with both conditions, but the VA examiners have not provided sufficient information regarding their relationship to his service-connected tinnitus.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected hypertension.

The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied, and the service connection claim for an acquired psychiatric disorder is remanded to obtain a VA medical opinion.

The Board denied service connection for sleep apnea as secondary to trochanteric pain syndrome of the right hip with osteoarthritis and tendinitis, limitation of extension. The appeal is remanded for a new VA examination to determine if the Veteran's sleep apnea had its onset in or is otherwise related to service.

The Veteran's buccal mucosa squamous cell carcinoma with cancer of the tongue and osteoradionecrosis of the jaw are granted service connection due to exposure to contaminated water at Camp Lejeune. The cancers were found to be caused by this exposure, and the osteoradionecrosis is secondary to treatment for the cancers.

Your claim for service connection for sleep apnea has been granted, and the issue is now dismissed as there are no remaining unresolved claims.

The Board has granted service connection for sleep apnea and secondary service connection for obesity, which is a result of the Veteran's service-connected PTSD and right foot plantar fasciitis. The decision also acknowledges that the Veteran's OSA may be due to his weight gain caused by these conditions.

The Veteran's claim for a TDIU was received on December 30, 2019. The effective date of the award is set at that time as there is no earlier formal or informal claim found in the record and the evidence does not reflect a factually ascertainable increase in disability prior to this date.

The Veteran's radiculopathy and lumbosacral degenerative disc disease are currently rated at 20 percent, but the Board finds that a higher rating is warranted for both conditions. The case is being remanded to correct any errors in the AOJ decision.

The Veteran's appeals for service connection for bilateral hearing loss, obstructive sleep apnea, and traumatic brain injury have been dismissed.,The Veteran's appeals for service connection for lumbosacral spine disability, right arm/shoulder disability, and headache (including tension and migraine) are being remanded.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of March 1, 2021. The decision is based on the receipt of a supplemental claim within one year after the initial intent to file a claim.

The Board has decided to remand the case due to a duty to assist error in the initial decision, and requests additional medical opinions regarding the relationship between the Veteran's sleep apnea and service.

The Veteran's lumbosacral strain has been granted an initial rating of 20 percent, effective June 25, 2015. The condition is rated under the General Rating Formula for Diseases and Injuries of the Spine due to its impact on forward flexion.

The Veteran's claim for a compensable rating based on multiple, noncompensable service connected disabilities prior to August 26, 2021 is granted. The Board has also remanded the issue of service connection for a lumbar spine disorder.