Sleep apnea decisions — 2024

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected anxiety disorder.

The Veteran's claim for an increased rating for bilateral hearing loss from January 2, 2020 is denied. The Board also granted service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus type 2.

The appeal for service connection for obstructive sleep apnea, which was secondary to a service-connected disability, has been dismissed as the appellant withdrew their appeal.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected anxiety and depressive disorder, right knee disability, and left knee disability. The decision resolves reasonable doubt in favor of the Veteran.

Service connection for lumbosacral strain is granted.,The Veteran's initial rating for generalized anxiety disorder prior to October 4, 2018 was increased to 50 percent. The rating of 70 percent from April 29, 2019 onwards is also granted.

The Board has decided to remand the case due to duty-to-assist errors, specifically regarding the lack of an opinion on whether the Veteran's sleep apnea was caused or aggravated by his service-connected tinnitus and lumbar spine disability. The Veteran will need a new VA examination.

The Veteran's rhinitis, seizure disability (temporal lobe epilepsy), migraine headaches, alcohol use disorder, opioid use disorder, cannabis use disorder, chronic fatigue syndrome, obstructive sleep apnea, eczema, and muscle and joint pain of the lower back, bilateral hands, feet, knees, and hips are all granted presumptively based on service in Southwest Asia. The Veteran's PTSD is also granted with an initial rating of 70 percent from May 21, 2014 to February 27, 2020.

The Board dismissed the issue of service connection for migraine headaches due to a grant in July 2023. The claim for service connection for obstructive sleep apnea is remanded.

The Veteran withdrew their appeal for service connection of lumbosacral strain, citing the grant of total disability due to unemployability.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is related to his service, specifically his in-service weight gain and deployments. As a result, the claim for service connection for OSA is granted.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no persuasive evidence to support a link between his current condition and his military service.

The Veteran's claims for increased ratings for sleep apnea and allergic rhinitis were denied. The Board found that the Veteran did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's PTSD is rated at 70 percent from April 5, 2021.,Hypertension has been granted as service-connected.,Obstructive sleep apnea and heart disorders (including atrial fibrillation and congestive heart failure) are also service-connected.,Migraines have been granted as service-connected.,The Veteran is now eligible for a TDIU due to his service-connected disabilities.

The Board has granted an effective date of April 11, 2019 for the award of service connection of left and right sciatic nerve radiculopathy associated with lumbosacral strain. An initial rating of 100 percent for coronary artery disease is also granted.

The Board has remanded the claims for increased ratings for sarcoidosis with OSA and macular skin lesions, as well as entitlement to a total disability rating based on individual unemployability (TDIU). The Veteran's sarcoidosis does not meet criteria for higher than 50 percent or 10 percent ratings under applicable diagnostic codes.

The Board has granted an effective date of April 11, 2019 for the award of service connection of left and right sciatic nerve radiculopathy due to lumbosacral strain disability. The Veteran's coronary artery disease is also rated at 100% since September 24, 2013.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his service-connected allergic rhinitis and chronic sinusitis. A new examination is needed.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected PTSD, finding that obesity caused by PTSD is an intermediate step in causing the sleep apnea.

The Veteran's claims for service connection for loss of teeth due to trauma, initial rating for lumbosacral spine strain, and initial compensable rating for bilateral foot tinea pedis have all been denied. The Board found that the Veteran did not meet the criteria for these conditions based on the evidence provided.

The Veteran's claim of service connection for obstructive sleep apnea, to include as secondary to his service-connected PTSD with mild alcohol use disorder, is being remanded due to a pre-decisional duty to assist error. The Board finds that an examination is needed to determine the nature and etiology of the Veteran's sleep apnea.