Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, including obesity as an intermediate step.

The Veteran's claim for an increased rating for costochondritis is denied as his condition does not meet the criteria for a 100% rating.,The Veteran's claim for an increased rating for back disability prior to December 5, 2019 and thereafter is denied. The Board finds that the evidence does not show impairment warranting a higher rating under any applicable diagnostic code.,The Veteran's claims for initial ratings of 20% for right lower extremity radiculopathy and left lower extremity radiculopathy are denied as there is no evidence of incapacitating episodes or other factors warranting such a rating.,The Veteran's claim for an earlier effective date for the award of service connection for right lower extremity radiculopathy is denied. The Board finds that the evidence does not show entitlement to an earlier effective date under any applicable law and regulations.

The Veteran withdrew his appeal regarding the claim for service connection for sleep apnea, and the Board has dismissed this issue.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected PTSD, but more information is needed for a definitive decision.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to weight gain caused by his service-connected lumbar spine condition.

The Veteran's claim for an earlier effective date for the 50 percent rating of sleep apnea was denied. The Veteran also received a grant of special monthly compensation based on housebound status.

The Board has determined that the VA examination reports are inadequate and a remand is necessary to obtain an addendum opinion addressing the etiology of the Veteran's OSA, its relationship to service, and whether it was aggravated by any service-connected disabilities.

Service connection is granted for deviated septum, back disability (lumbosacral strain and degenerative arthritis), left elbow lateral epicondylitis, left wrist tendonitis, psychiatric disorder (anxiety disorder), non-allergic rhinitis, enlarged tonsils, anemia, and disability manifested by widespread muscle and joint pain.,Service connection is denied for tinnitus.

The Board has decided to remand the case due to a duty to assist error regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea. The VA needs to obtain an addendum medical opinion to determine if PTSD aggravated the Veteran's sleep apnea.

The Board has denied service connection for a left hip condition, obstructive sleep apnea, fatigue (other than obstructive sleep apnea), and hypertension. Service connection is granted only for obstructive sleep apnea on the basis that it is proximately due to or the result of service-connected low back disorder and radiculopathy.

The Board has remanded the case due to a new law (PACT Act) that requires a VA examination and medical opinion regarding the Veteran's sleep apnea, which is presumed related to exposure at Camp Lejeune. The claim will be reconsidered in light of this new information.

The Board has decided to remand the case due to inadequate medical opinions and a potential error in service connection. The Veteran's OSA is being reviewed for possible connections to his service, specifically exposure to burn pits, as well as aggravation by his service-connected spinal stenosis and tinnitus.

The Board has granted service connection for tinnitus on a presumptive basis due to in-service acoustic trauma and the current disability manifested within one year of separation. Service connection for obstructive sleep apnea as aggravated by the service-connected depressive disorder is also granted.

The Board has determined that the Veteran's obstructive sleep apnea is caused by his service-connected posttraumatic stress disorder, and thus grants service connection for OSA as secondary to PTSD.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient competent medical evidence and a need for VA examinations.

The Veteran's claim for service connection for obstructive sleep apnea is granted with an effective date of January 16, 2018.

The Board has remanded the case for further examination and opinion regarding service connection for obstructive sleep apnea (OSA) as secondary to service-connected disabilities, including considering whether obesity caused by service-connected disabilities may have contributed to OSA development.

The Board dismissed the claim for service connection for vertigo. The claims for service connection for right elbow/arm condition and sleep apnea were denied, as was the TDIU rating.

The Veteran's appeal was dismissed because his Notice of Disagreement (NOD) did not identify a valid rating decision under the Appeals Modernization Act.

The Veteran's lumbosacral strain with DDD is granted a disability rating of 40 percent, effective July 8, 2016.,Service connection for left and right sciatic nerve radiculopathy is denied prior to September 28, 2017.,Service connection for depressive disorder is granted from May 10, 2016.