Sleep apnea decisions — 2024

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination and the possible existence of outstanding VA and private treatment records.

The Veteran's sleep apnea is granted as service-connected.,The Veteran's disability manifested by fatigue (claimed as chronic fatigue syndrome) and disability manifested by joint and muscle pain (claimed as fibromyalgia) are both granted as service-connected, with the condition of fatigue being due to an undiagnosed illness.,Service connection for a total disability rating based on individual unemployability is denied.

The Veteran's claims for higher ratings on migraine headaches and TBI, as well as service connection for obstructive sleep apnea secondary to PTSD, are being remanded due to the need for additional examinations and medical opinions.

The Board has remanded the Veteran's claims for service connection due to incomplete development and potential issues with the medical opinions provided. The claims are being returned to the Regional Office for further action.

The Board has granted service connection for lumbosacral and left hip osteoarthritis (OA) as caused or aggravated by service-connected bilateral knee OA.

The Veteran's knee disabilities require regular assistance in accomplishing routine activities of daily living, leading to the grant of SMC at the aid and attendance rate. The issue of entitlement to SMC based on housebound status is moot.

The Veteran's claim for service connection for missing teeth, tendonitis of the hands/fingers, sleep apnea, and GERD is being remanded due to a duty to assist error. The Board requires an addendum opinion from an appropriate clinician regarding whether these disabilities are related to his active service.

The appeal for service connection for obstructive sleep apnea is dismissed because there was no appealable decision within one year of the Notice of Disagreement.

The Veteran's claims for service connection for lumbosacral strain, cervical strain, and right foot peripheral neuropathy are remanded due to duty-to-assist errors in obtaining medical opinions that did not adequately address the relationship between the conditions and service.

The Veteran's initial claim for a higher rating for lumbar spine disability prior to February 8, 2021 was denied. The effective date of the 40 percent rating for lumbar spine disability on February 8, 2021 is also denied.,The Veteran's right knee instability from September 3, 2020 was granted a 10 percent rating.

The Veteran's claims of service connection for sleep apnea, acne, and chest pain are denied. The claim for increased rating for left foot bunion is granted with a 10% rating effective August 10, 2021. The Veteran's claim for service connection for chest pain is remanded.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected chronic sinusitis.

The Board has denied service connection for insomnia, but has remanded the issue of service connection for obstructive sleep apnea due to a lack of an adequate rationale in the previous VA opinion.

The Board has denied service connection for obstructive sleep apnea due to lack of current diagnosis. The claim for other specified anxiety disorder is remanded as the VA examiner's opinion was insufficient.

The Veteran's migraines, OSA with tuberculosis and dyspnea, and erectile dysfunction have been granted initial disability ratings. The Veteran is now receiving a 10 percent rating for migraines from February 28, 2000, to April 5, 2021.

The Board denied service connection for OSA, finding the evidence does not support a causal relationship between the Veteran's OSA and his military service or service-connected PTSD.

The Board has dismissed the Veteran's appeals regarding his hypertension and sleep apnea as he withdrew his appeal prior to a decision being made.

The Veteran's appeals for service connection and initial disability ratings have been dismissed due to the Veteran's written requests to withdraw all issues currently on appeal.

The Veteran's lumbar spine disability was rated at 20 percent from July 17, 2017. The Board found that the disability did not meet or more nearly approximate the criteria for a higher rating under the applicable diagnostic codes.

The Board denied service connection for a low back disability and obstructive sleep apnea, finding that the evidence did not support a direct link to service.