Sleep apnea decisions — 2024

The Veteran's initial rating of 50 percent for obstructive sleep apnea is granted, effective from the date of receipt of his claim. The appeal period prior to June 23, 2015 is covered by this decision.

The Veteran's GERD is granted a 10% rating prior to November 6, 2020. The Board has remanded the claims for service connection for sleep apnea and tinnitus due to insufficient evidence.

The Board has found that there are outstanding VA treatment records and pre-decisional duty to assist errors regarding the Veteran's tinnitus claim. The claims for service connection for COPD, OSA, PTSD, anxiety, depression, and a low back condition are remanded due to the need for additional development.

The Veteran's claim for a higher rating for PTSD is granted, but the claims for service connection of peripheral vestibular disorder and sleep apnea are remanded due to inadequate examination.

The Board has decided to remand the Veteran's appeal for a VA examination to determine the date of initial onset and etiology of his obstructive sleep apnea, as well as whether it is proximately due or caused by any service-connected disabilities.

The Board has remanded the claims for service connection for diabetes mellitus, sleep apnea, right knee disability, and left knee disability due to an error in providing notice of the Veteran's right to a hearing.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected psychiatric disability, finding that the evidence is in approximate balance and favors a causal relationship.

The Board has decided that the AOJ's decision denying service connection for obstructive sleep apnea should be remanded due to inadequate medical opinions and failure to address the Veteran's contentions regarding fuel exposure and obesity.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected lumbar spine degenerative joint disease and left knee degenerative joint disease.

The Veteran's service-connected obstructive sleep apnea, right and left lower extremity radiculopathy, and lumbar spine strain with degenerative arthritis have been granted. The initial disability ratings for the right and left lower extremity radiculopathies are set at 20 percent each, while the lumbar spine strain is denied a rating in excess of 40 percent.

The Board has determined that the Veteran's service connection claim for obstructive sleep apnea should be remanded due to inadequate VA examination and opinion.

The Board has determined that there are missing service treatment records and personnel records from the Veteran's periods of active service and Army Reserve membership. The effective dates for the awards of service connection for left ear hearing loss, tinnitus, and obstructive sleep apnea need to be clarified based on the Veteran's discharge or release status.

The Veteran's depression is granted as secondary to his service-connected obstructive sleep apnea. The Veteran's TDIU claim is denied due to his gainful employment during the period on appeal.

The Veteran's claim for an increased rating for lumbosacral strain and degenerative arthritis was granted, with a disability rating of 40 percent effective March 5, 2020. The Board found that the evidence supported this decision based on the March 2020 VA examination.

The Veteran's appeal for increased ratings for tinnitus, bilateral hearing loss disability, obstructive sleep apnea with pleural disease, and fibromyalgia is denied. The VA has remanded the claims of entitlement to a total disability rating based on individual unemployability (TDIU) prior to June 13, 2019.,The Veteran's tinnitus is already at its maximum schedular rating of 10 percent.

The Board denied the Veteran's appeal because a timely substantive appeal was not filed with the August 2018 rating decision, and thus the claim is denied.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected left knee disability, with obesity serving as an intermediate step.

The Veteran's OSA is remanded for a medical opinion to determine if it had its onset during or is otherwise related to his military service, including his exposure to toxins.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected post-traumatic stress disorder (PTSD) with alcohol use disorder, finding that the Veteran's PTSD and alcohol use disorder are at least as likely as not proximately due to or the result of his sleep apnea.

The Veteran's appeal for service connection for obstructive sleep apnea is dismissed because the claim was pending and a supplemental claim was filed before the Board could review it.