Sleep apnea decisions — 2024

The Veteran's rating for bilateral pes planus was reduced from 50% to 10%, and his rating for lumbosacral strain with degenerative arthritis and degenerative disc disease was restored from 20% to 40%. The appeal is denied as the evidence does not support a higher rating.

The Veteran's claims for service connection for sleep apnea and migraines (chronic headaches) were denied in August 2016 and January 2018, respectively. The Veteran did not file a timely Notice of Disagreement within one year of these decisions, leading to their finality. As the VA Form 10182 was filed after this deadline, the issues are dismissed.

The Board has remanded the Veteran's claim of service connection for a back pain disability due to insufficient medical evidence and lack of rationale in the previous VA examination. The case is returned to the AOJ for further action.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea. Additional development is needed, including a new medical examination and opinion.

The Veteran's disability rating for obstructive sleep apnea was reduced from 50% to noncompensable effective July 1, 2015. The decision is revised to restore the 50% rating.

The Board has decided that the Veteran does not have diabetes or sleep apnea due to service, and left knee replacement is remanded for further review.

The Veteran's service connection for lumbosacral strain with degenerative arthritis and right foot peroneal nerve damage is granted, effective June 19, 2018. The Veteran is not entitled to an earlier effective date for his right foot peroneal nerve damage.

The Board has denied the claims of service connection for various conditions, finding that new and relevant evidence was not presented to support these claims.

The Veteran's service-connected cervical stenosis with myelopathy and myelomalacia is granted secondary to his service-connected lumbosacral strain with IVDS. The rating for lumbosacral strain with IVDS remains at 20 percent, but a separate compensable rating is granted for neurological impairment of the right lower extremity. Ratings for left hip degenerative arthritis are also granted.

The Board has remanded the claims for higher ratings for lumbosacral strain, right ankle strain, and left ankle strain due to unclear functional loss during examinations.

The Board has remanded the Veteran's claims for service connection due to conflicting medical opinions regarding whether his current back, knee, and hip disabilities are caused or aggravated by his service-connected left ankle sprain. The Veteran must provide new medical opinions addressing these issues.

The Veteran's claim for additional dependency benefits for her biological child, S.E., was granted effective from February 1, 2023. The Board denied the request for an earlier effective date due to lack of a prior intent to file or claim.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to a duty to assist error. The Board will seek an addendum opinion from a qualified clinician to address the etiology of his sleep apnea.

The Veteran's claims for service connection are remanded due to his failure to report to VA examinations in Ohio. The Board finds that he had good cause and the AOJ made a pre-decisional error by not scheduling him for an examination in Japan or via telehealth.

The appeal seeking earlier effective dates for tinnitus, right wrist chronic sprain with limited range of motion, and OSA is dismissed.,The appeals seeking increased ratings for tinnitus, right wrist chronic sprain with limited range of motion, and OSA are denied.

The Veteran's right knee strain is granted as secondary to his service-connected left knee disability.,There is no current diagnosis of dermatitis/skin condition, and the claim for this issue is remanded.

The Board has decided to remand the case due to a pre-decisional duty to assist error and will schedule the Veteran for a VA examination.

The Board denied the Veteran's motion to revise or reverse a February 2017 rating decision that awarded a 50 percent rating for obstructive sleep apnea effective from October 4, 2016, on the basis of clear and unmistakable error (CUE).

The Board has granted the appellant's claim for service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected orthopedic disabilities.

The petition to reopen the previously denied claim for entitlement to service connection for sleep apnea is denied.,The petition to reopen the previously denied claim for entitlement to service connection for pseudofolliculitis barbae is denied.,The petition to reopen the previously denied claim for entitlement to service connection for a right knee disability is granted. Entitlement to service connection for constipation is denied.,Entitlement to service connection for an abdominal condition (other than constipation) is denied.,Entitlement to service connection for an esophageal disability, to include gastroesophageal reflux disease (GERD) and dyspepsia, is denied.