Sleep apnea decisions — 2024

The Board has dismissed the Veteran's appeal for entitlement to service connection for a right ear hearing loss disability due to failure to comply with the appropriate claims processing defect.,The evidence of record does not support finding that the Veteran had a left knee or right knee disability at any time during her military service.

The Board has remanded the claims of service connection for sleep apnea and lumbar degenerative disc disease with intervertebral disc syndrome status post spinal fusion due to a failure to obtain VA treatment records prior to May 2003.

The Veteran's claims for increased ratings and earlier effective dates are being remanded due to inadequate examinations. The left knee and back disabilities need further evaluation.

The Veteran's claim for an increased rating of bilateral hearing loss is granted to a 10 percent rating. The claims for service connection for sleep apnea and diabetes mellitus due to TERA exposure are remanded.

The Veteran's heart disability, respiratory disability, diabetes mellitus, and various peripheral neuropathies and radiculopathies are not service-connected. The cervical spine disability is also denied.

The Veteran's obstructive sleep apnea is granted as service connected, with the Board finding that it was incurred during his active military service.

The Veteran's service-connected disabilities prevented her from securing and following substantially gainful employment, but she was granted a TDIU. However, the SMC at the housebound rate is denied as she does not meet the criteria for such benefits.

The Board has decided to remand the case due to a duty-to-assist error and insufficient rationale in the August 2021 VA examiner's opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD.

The Veteran's appeals for effective dates prior to March 2, 2021, have been dismissed as the appellant (via his authorized representative) has requested withdrawal of these claims.

The Veteran's appeals for higher ratings on several ankle sprains, shin splints, and nerve conditions have been dismissed.,Service connection for TBI has also been dismissed.

The Board has determined that the Veteran's Obstructive Sleep Apnea is caused or aggravated by his service-connected Posttraumatic Stress Disorder, with obesity serving as an intermediate step.

The Board has determined that the Veteran's obesity, which is an intermediate step between his service-connected left knee and lumbar spine disabilities, caused or aggravated his sleep apnea. Therefore, he is granted service connection for sleep apnea as secondary to these conditions.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea, finding that it manifested during active service and is related to his military service.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected lung disability, as well as potential exposure to burn pits during his Gulf War service.

The Board has decided to remand the case due to insufficient medical opinions regarding the onset and relationship of sleep apnea to service-connected PTSD.

The Veteran's tinnitus was granted service connection based on continuity of symptomatology. The right and left knee disorders, obstructive sleep apnea, and urinary tract disorder were remanded for further review.

The Board has remanded the case due to a pre-decisional error in the duty to assist, and additional development is needed to determine if the Veteran's obstructive sleep apnea is related to his service-connected PTSD or other factors.

Your service connection for obstructive sleep apnea has already been granted and you are receiving a 50% disability rating since December 6, 2021. There is nothing left to appeal in this case.

The Board has determined that the evidence is at least in approximate balance as to whether the Veteran's sleep apnea is secondary to his service-connected PTSD and tinnitus, thus granting service connection for this condition.

The Board has decided that the Veteran's claim for service connection for sleep apnea secondary to his service-connected PTSD should be remanded due to a duty-to-assist error.