Sleep apnea decisions — 2024

The Veteran's appeals for earlier effective dates for increased ratings on bilateral pes planus with plantar fasciitis, lumbosacral strain, and tension headaches are dismissed as they were part of pending claims in the VA's legacy appeal system.

The Veteran's appeal for a rating greater than 60 percent for GERD effective February 14, 2021 is dismissed. The Veteran's claim for service connection of erectile dysfunction and obstructive sleep apnea is remanded.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, is being remanded due to inadequate examination and medical opinion. The Board requests a new VA examination to determine the nature and etiology of the condition, including whether it is related to service or Persian Gulf exposure.

The Veteran's NOD was timely filed, and the AOJ should provide him with a Statement of the Case regarding his claims for service connection for lumbar disability, obstructive sleep apnea, earlier effective date for bilateral plantar fasciitis, and increased rating for bilateral plantar fasciitis.

The Veteran's claims for an initial rating in excess of 10 percent for lumbosacral strain and service connection for an intestinal disorder (claimed as irritable bowel syndrome) are both remanded due to the need for additional examinations and opinions.

The Board has granted service connection for obstructive sleep apnea, finding that it is aggravated by symptoms of the Veteran's service-connected posttraumatic stress disorder (PTSD) and gastroesophageal reflux disease (GERD).

The Veteran's claims for service connection for lumbar disability and related radiculopathies have been granted with effective dates of February 24, 2017.

The Veteran's migraine headaches and obstructive sleep apnea are granted service connection. The lumbosacral strain is granted a 40 percent rating, but no higher. The initial compensable ratings for chronic sinusitis, left lower extremity radiculopathy, right lower extremity radiculopathy, and right elbow lateral epicondylitis are denied.

The Veteran's sleep apnea is related to his active-duty service and the Board has granted service connection for this condition.

The Board has granted service connection for cervical cancer, finding that new and relevant evidence supports the claim. The appeal is dismissed for all other issues.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of October 29, 2019. The decision found that the Veteran continuously pursued his initial claim and that the earliest effective date possible is the date of his intent to file.

The Veteran's appeal for an initial rating in excess of 50 percent prior to January 5, 2021 and in excess of 70 percent thereafter for persistent depressive disorder, persistent major depressive disorder, and mood congruent psychotic features has been denied.,Service connection for a back disability, hernia, insomnia, and sleep apnea have also been denied.

The Veteran's lumbosacral strain/degenerative arthritis resulted in limitation of forward flexion to 25 degrees, and a 40 percent disability evaluation was granted. The claims for psychiatric disorder (to include PTSD), headaches, chronic sinusitis, and dermatitis were remanded.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations to address the etiology of their conditions and whether they are related to previously service-connected disabilities.

The Board has decided to remand the case due to a duty to assist error, and will consider whether the Veteran's obstructive sleep apnea is caused by or aggravated by his service-connected acquired psychiatric disorder.

The Board has remanded the case due to a pre-decisional duty-to-assist error, requiring the AOJ to obtain an adequate medical opinion addressing whether the Veteran's sleep apnea is aggravated by his service-connected TBI and if it is etiologically linked to his military service.

The Board has remanded the case for further action to obtain private treatment records related to the Veteran's PTSD from Wexner Medical Center at Ohio State University. The effective dates for both lumbosacral strain and PTSD ratings are not established as they were not addressed in this decision.

The Veteran's claims for service connection for various conditions have been denied as there is no current diagnosis of these conditions that are related to his military service.

The Board has granted service connection for sleep apnea and remanded the issue of service connection for skin cancer.

The Board has determined that the Veteran's OSA may be related to his service-connected disabilities, particularly his sinus-related disability. However, a VA examination is needed to determine if there is any aggravation of OSA by other service-connected conditions.