Sleep apnea decisions — 2024

The Veteran is not entitled to a TDIU under the schedular criteria prior to January 9, 2017. The Board finds that an extra-schedular evaluation is required due to inadequate opinion from the Director of Compensation Services and a pre-decisional duty to assist error by the AOJ.

The Veteran's tinnitus, bilateral hearing loss, acne vulgaris, scar from right knee surgery, and lumbosacral strain with spinal stenosis are all rated at the maximum allowed under VA guidelines. The Board has remanded for further review of these claims.,The Veteran's hearing loss is not compensable as it does not meet the criteria for a higher rating based on audiometric test results. His acne vulgaris and lumbosacral strain with spinal stenosis are also rated at their maximum allowed under VA guidelines, and the Board has remanded these claims.,The Veteran's scar from right knee surgery and scar from lumbar laminectomy do not meet the criteria for a compensable rating as they do not occupy an area of 929 square centimeters or greater.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder.

The Veteran's left ear hearing loss is not rated higher than the current non-compensable rating.,The Veteran does not have a diagnosed condition of headaches that causes impairment in earning capacity.,Service connection for OSA, secondary to service-connected right knee degenerative arthritis and obesity as an intermediate step, is granted.,Service connection for GERD is denied.,Service connection for sinusitis is denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current disability and in-service event have been established as to his OSA. The decision affords the Veteran the benefit of the doubt regarding the medical nexus between his OSA and qualifying in-service injury.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and an increased rating for hypertension, finding that there is no evidence of a direct relationship between these conditions and his active duty.

The Veteran's sleep apnea is being remanded for further development and a medical opinion to determine if it is caused or aggravated by his service-connected PTSD.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his service. The Veteran needs a new medical opinion to determine if his sleep apnea is related to his military service.

The Board has granted readjudication of the claim for service connection for sleep apnea based on receipt of new and relevant evidence. However, the issue is remanded due to an error in satisfying a statutory or regulatory duty.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected Asthma.

The Veteran's GERD is granted as secondary to his service-connected sleep apnea from September 19, 2019.

The Veteran's migraine headaches are rated at 30 percent prior to May 6, 2022 and 50 percent beginning on that date. The Veteran is granted service connection for major depressive disorder and secondary service connection for obstructive sleep apnea.,Service connection for coronary artery disease and diabetes mellitus type II remains pending as the claims are remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking the condition to his military service.

The Veteran's service-connected disabilities, including hepatitis B infection, prostate cancer with voiding dysfunction, PTSD, and various neuropathies, have rendered him in need of regular aid and attendance due to his physical limitations. The Board has determined that the criteria for SMC based on the need for regular aid and attendance are met.

The Board has granted service connection for a lower back disability and right lower extremity radiculopathy, finding that the Veteran's current conditions are related to his military service.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's claim of service connection for OSA, as there was not an adequate VA examination in the file.

The Board has remanded the issues of service connection for PTSD, obstructive sleep apnea, and a higher rating for tinnitus. The claim for PFB is granted with a 30 percent disability rating.

The Veteran's claim for retroactive payment in excess of $9,270.15 for CRDP and Housebound Payment is denied as the effective date was properly set at January 1, 2020. The claim for partial payment for December 2019 benefits is also denied.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD and asthma.

The Board has remanded the claim of service connection for a lumbar spine disorder, as the Veteran's current diagnosis is not supported by an adequate etiology opinion. The case will be returned to the AOJ for further review and consideration.