Sleep apnea decisions — 2024

The Veteran's claims for an effective date prior to December 4, 2015, for service connection of obstructive sleep apnea and a compensable evaluation for hypertension are denied.,The Veteran's claim for an increased rating for obstructive sleep apnea is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Code 6847.,The Veteran's claim for an increased rating for diabetes mellitus, right upper extremity diabetic neuropathy (all radicular groups), left upper extremity diabetic neuropathy (all radicular groups), right lower extremity diabetic neuropathy (sciatic nerve), and left lower extremity diabetic neuropathy (sciatic nerve) is denied as the evidence does not meet the criteria for a higher rating under Diagnostic Codes 8513, 8513, 8520, or 8520.

The Veteran's claim for service connection of obstructive sleep apnea was granted effective July 31, 2019. The decision is based on continuous pursuit of the claim since that date.

The Board has dismissed the appeals for service connection of obstructive sleep apnea, erectile dysfunction, a right shoulder disorder, and a cervical spine disorder. The cervical spine disorder was not shown in service, is not causally or etiologically related to service, and was not caused or permanently worsened by a service-connected disability.

The Board has remanded both claims of service connection for obstructive sleep apnea and temporomandibular joint dysfunction due to inadequate examination reports, failure to consider the full extent of exposure during service, and need for a medical opinion regarding the relationship between these conditions and the Veteran's service. The PACT Act requires that VA provide an examination addressing whether the Veteran's OSA is related to his participation in a toxic exposure risk activity (TERA).

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) due to a nasal fracture and exposure to airborne hazards during his deployment in Southwest Asia, finding that OSA is at least as likely as not related to these factors.

The Board has dismissed the Veteran's appeals of his service connection claims for obstructive sleep apnea as secondary to rhinitis and right knee disability due to his withdrawal of these issues.

The Veteran's lumbosacral strain was rated at 20% prior to February 19, 2020 and granted a rating of 40% from that date. The decision also found no evidence of unfavorable ankylosis.

The Board has restored service connection for narcolepsy and remanded the case for further evaluation of OSA.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected PTSD on an aggravation basis.

The Veteran's appeal for service connection for lumbosacral strain was dismissed because the NOD was not timely filed.

The Board has determined that the Veteran's sleep apnea began during active service and grants entitlement to service connection for this condition.

The Board has decided that the Veteran's obstructive sleep apnea is related to his bilateral hearing loss, but additional development is needed due to conflicting medical opinions and lack of a baseline for aggravation.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's PTSD aggravated his OSA, and a new opinion is needed from the VA examiner.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is not sufficient evidence to establish a link between her current condition and her active duty service.

The Board has reopened the Veteran's claims of service connection for various conditions, including bilateral hearing loss, tinnitus, right shoulder disability, sinus disability/allergic rhinitis, back disability, gastroesophageal reflux disease (GERD), left knee disability, and sleep apnea. The claims are being remanded due to a duty to assist error.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected thoracic spine disability and radiculopathy of the right leg, and thus grants service connection for this condition.

The Veteran's acquired psychiatric disorder, specifically PTSD, is rated at a maximum of 70 percent.,Service connection for fatigue was denied as there is no current diagnosis for the condition.

The Veteran's left ankle condition and obstructive sleep apnea are granted as service connected. The decision on the secondary OSA claim is remanded for further evaluation.

The Veteran's claim for service connection for sleep apnea was dismissed because the June 2021 Notice of Disagreement did not meet the procedural requirements and the Board lacks jurisdiction to hear this matter.

The Board has remanded the Veteran's claims of service connection for right and left knee degenerative arthritis, as well as OSA prior to March 5, 2024. The claims are being remanded due to procedural errors in obtaining an adequate examination.