Sleep apnea decisions — 2024

The claim for service connection for Obstructive Sleep Apnea has been dismissed. The claim for a compensable rating for face and neck scarring has been denied.

The Veteran's lumbosacral strain with degenerative arthritis was rated at 20 percent prior to March 1, 2021. The appeal is denied as the evidence does not support a higher rating.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis, right lower extremity radiculopathy, and left lower extremity radiculopathy has been granted with effective dates of March 7, 1981, February 13, 2014, and February 13, 2014 respectively.

The Board has determined that remand is necessary due to a pre-decisional duty to assist error, specifically regarding the etiology of the Veteran's obstructive sleep apnea and chronic fatigue syndrome. The right ankle condition claim will also be remanded for further evaluation.

Your service connection claim for obstructive sleep apnea has been granted, but the case is dismissed because it's no longer in appellate status.

The Veteran's lumbosacral strain is rated at 40 percent, and his cervicogenic headaches are rated at 50 percent. The appeal for higher ratings has been denied.

The Board has remanded the Veteran's claims for sleep apnea and bilateral hearing loss due to a pre-decisional duty to assist error. The Veteran is not competent to diagnose these conditions, but his assertions are sufficient to trigger VA's duty to provide an examination.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's condition began during his military service and is not related to any other conditions or exposures.

The Veteran's claim for a higher rating for bilateral hearing loss prior to July 16, 2021, and after that date was denied. The Veteran also had his claim for an increased rating for tinnitus denied. Finally, the Veteran's service connection claim for sleep apnea was denied.,The Veteran's claim for a higher rating for bilateral hearing loss prior to July 16, 2021, and after that date was denied. His claim for an increased rating for tinnitus was also denied. The Veteran's service connection claim for sleep apnea was denied.

The Veteran's appeal was dismissed because the appellant withdrew her request for readjudication of her service connection claims.

The Veteran's claims for a compensable rating for latent tuberculosis and TDIU are being remanded due to inadequate examination in the prior decision. The VA will schedule an examination and adjudicate the issues based on all available evidence.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the Veteran's exposure to jet fuel and burn pits during service. The VA needs to obtain an addendum opinion addressing whether his sleep apnea is related to these exposures.

The Veteran's OSA is being remanded due to the need for an addendum VA medical opinion addressing potential relationships between PTSD symptoms and the development of OSA, including its impact on multiple risk factors. The examiner will also assess whether obesity is a substantial factor in causing or aggravating his OSA.

The Veteran's left peroneal nerve damage is granted as service connected, with the onset within one year of separation from active duty.,Service connection for sleep apnea has been dismissed due to a grant in a separate rating decision.

The Board has decided to remand the claims for service connection due to a failure of the Regional Office (RO) to provide VA examinations. The Veteran's acquired psychiatric disorder, sleep apnea, and residuals of a torn right hamstring are not yet determined to be related to his military service.

The reduction of the Veteran's lumbosacral strain disability evaluation from 20 percent to 10 percent was improper due to an inadequate VA examination report, and the 20 percent rating is restored.

The Board has decided to remand the claim of entitlement to service connection for obstructive sleep apnea, as secondary to service-connected PTSD. The AOJ is instructed to obtain private medical records and opinions regarding the relationship between the Veteran's PTSD and his obstructive sleep apnea.

The Board has dismissed the appeal for service connection of obstructive sleep apnea as secondary to posttraumatic stress disorder because it is a duplicate appeal that was previously adjudicated.

The Veteran withdrew his appeals for increased disability ratings in excess of 60 percent for sleep apnea with asthma and in excess of 10 percent for allergic rhinitis.

The Veteran's combined rating for service-connected disabilities was not at a 100% level before October 11, 2019. The Board denied her request for an earlier effective date.