Sleep apnea decisions — 2024

The Veteran's appeal for a higher rating for his MDD and lumbosacral strain has been remanded due to duty-to-assist errors in the prior decision.,For TDIU, the effective date is also being remanded as there was not proper consideration of whether referral for extraschedular consideration was warranted.

The Veteran's respiratory condition, including asthma, is not the result of active service.,The Veteran's obstructive sleep apnea is not the result of active service or caused by or aggravated by a service-connected disability.

The Board has remanded the Veteran's claims for additional development due to deficiencies in the prior VA examination and lack of medical evidence linking his current conditions to service.,Specifically, the right knee meniscal tear claim is being remanded because there are no addendum opinions addressing the Veteran's lay statements regarding an in-service injury. The left knee strain with PFPS and OSA claims are also being remanded for additional examination and opinion.

The Board has determined that the Veteran's lower back disability, including conditions such as lumbar intervertebral disc degeneration and lumbosacral strain, is related to his active duty service. The decision grants service connection for these disabilities.

The Veteran's claim for a compensable evaluation for his residual lumbosacral spine scar was denied.,The Veteran's claims for effective dates prior to June 24, 2021 for the grants of service connection for left and right lower extremity femoral nerve radiculopathy were granted.

The Veteran's claims for increased ratings for right hand degenerative arthritis and obstructive sleep apnea have been denied. The Board found that the evidence did not support a higher rating based on current functional limitations.

The Veteran was granted service connection for right and left lower extremity sciatica, each rated at 10 percent effective September 30, 2020.,The Veteran was also granted service connection for right and left upper extremity radiculopathy, each rated at 20 percent effective October 30, 2020.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the relationship between his sleep apnea and acquired psychiatric disorder, specifically whether they are caused or aggravated by his service-connected hypertension, coronary artery disease (CAD), and/or erectile dysfunction.

The Board has decided to remand the Veteran's claim for service connection for OSA due to inadequate medical opinions and a duty to assist error.

The Board has denied an evaluation higher than 10 percent for sinusitis and has remanded the issue of service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder with major depressive disorder and sinusitis.

The Veteran's claims for service connection for sleep apnea and a mental health disorder were denied. The Board found no evidence of current disabilities.,For the initial compensable rating claim, the Veteran was diagnosed with mild nonobstructive coronary artery disease in August 2018. From February 28, 2019 to July 18, 2019, he did not meet criteria for a higher rating.

The Veteran has withdrawn their appeals for sleep apnea and a low back condition, so these issues are dismissed.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD and resulting obesity, finding that there is at least as likely as not a causal relationship between these conditions.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected disabilities, including unspecified depression with anxious distress and alcohol use disorder, fibromyalgia.

The Board has granted service connection for Obstructive Sleep Apnea and Tachycardia, finding that the conditions are at least as likely as not related to active duty service.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of permanent and total disability.

The Board has granted service connection for sleep apnea and remanded the issues of lower back pain, right knee pain, and bilateral pes planus.

The Veteran's OSA is currently rated as 30 percent disabling for the period prior to October 15, 2009, and as 50 percent thereafter. The Board denied an earlier effective date due to lack of factual basis.

The Board has remanded the claims for obstructive sleep apnea and hepatitis B due to new evidence submitted by the Veteran, which may relate these conditions to his service.

The Board has determined that the Veteran's sleep apnea syndrome is secondary to his service-connected disabilities, specifically his degenerative joint disease and post-traumatic stress disorder (PTSD), which caused him to become obese. The claim for service connection for sleep apnea syndrome is granted.