Sleep apnea decisions — 2024

The Board has determined that the Veteran's lumbosacral strain is related to his military service and grants service connection for this condition.

The Veteran's sleep apnea is found to be at least as likely as not related to active service, and the claim for service connection is granted.

The Veteran meets the schedular requirement for TDIU due to service-connected PTSD and other disabilities from April 1, 2019, to May 5, 2021.

The Veteran's PTSD was rated as 100% disabling starting May 20, 2021 and considered permanent. However, her other service-connected conditions did not meet the criteria for a permanent and total disability prior to that date, thus denying an earlier effective date for DEA benefits.

The Board has determined that the VA examination was not complete and remands the case for an addendum opinion to address the etiology of the Veteran's obstructive sleep apnea, including whether it is related to his service-connected insomnia disorder.

The Veteran's request for readjudication of his claim for service connection for sleep apnea was denied because no new and relevant evidence had been received.

The Board has restored the 30 percent rating for right shoulder degenerative arthritis and denied the restoration of the 40 percent rating for lumbosacral strain with arthritis effective March 23, 2021.

The Veteran's TDIU claim for PTSD is granted effective March 15, 2022. The service connection claim for sleep apnea is remanded due to a duty-to-assist error.

The Veteran's PTSD is granted with a 70% rating effective March 26, 2019. Service connection for tinnitus and sleep apnea are also granted, but service connection for IBS is denied.

The Veteran's appeal is dismissed due to their death during the pendency of the hearing. The Board cannot issue a decision on the underlying claim at this time.

The Board has remanded the Veteran's claim for sleep apnea as it is unclear whether the condition had its onset during service or if it is related to toxic exposures. The AOJ must obtain a new medical opinion to address these issues.

The Board has granted service connection for left lower extremity neurological disability, degenerative arthritis, degenerative disc disease, and intervertebral disc syndrome of the lumbosacral spine, and left lower extremity radiculopathy secondary to these conditions. The decision is based on evidence showing current diagnoses and a causal relationship.

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

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected degenerative joint disease of the lumbar spine, finding that the weight gain and obesity resulting from the service-connected condition served as an intermediate step in the development of the current sleep apnea disability.

The Veteran's appeals for service connection for degenerative arthritis with strain of the lumbosacral spine and sleep apnea with sleep disturbances were dismissed because he did not timely file a VA Form 10182 and good cause was not shown.

The Veteran's OSA is rated at 50% since October 1, 2019. The PTSD with unspecified depressive disorder with anxious distress and alcohol use disorder does not meet the criteria for a higher rating.

The Board has determined that the VA examination provided in April 2020 was inadequate for adjudication and remanded the case to obtain a new opinion. The Veteran's service-connected PTSD is alleged to be related to his OSA.

The Board has denied the Veteran's request to restore a 50 percent disability rating for service-connected obstructive sleep apnea due to aggravation by service-connected posttraumatic stress disorder, as the reduction was proper after deducting the baseline severity of the condition.

Service connection for muscle injury and sleep apnea is denied.,The Veteran's left eye corneal scarring, thoracotomy scars anterior trunk, and two painful thoracotomy scars of the posterior trunk are not rated higher than their current levels.

The Board has granted service connection for obstructive sleep apnea, but remanded the right shoulder disability claim due to insufficient evidence.