Sleep apnea decisions — 2024

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea was caused by his service-connected gastroesophageal reflux disease (GERD) and hypertension, and thus grants service connection for this condition.

The Board has granted an effective date of July 1, 2012 for the Veteran's TDIU and DEA eligibility. The decision is based on the fact that the Veteran became unable to secure or follow a substantially gainful occupation due to his service-connected disabilities starting from January 26, 2009.

The claims for service connection for elevated blood pressure, obstructive sleep apnea, and gastroesophageal reflux disease (GERD) were denied as new relevant evidence was not received. The claim for a disability rating in excess of 30 percent for the service-connected posttraumatic stress disorder (PTSD) is remanded.

The Veteran's low back disability is rated at 10 percent, and an increased rating higher than 10 percent is not warranted.,An increased rating of 70 percent for schizoaffective disorder from April 14, 2019, is granted. The Veteran also received a 100 percent rating effective October 21, 2019.,The Veteran's TDIU claim is granted and effective since April 14, 2019.

The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection due to lack of evidence showing disability manifestations prior to April 14, 2021.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset in service and is not otherwise related to a service-connected disability.

The Board has remanded the issues of service connection for lumbosacral strain, left hand strain, and right hand strain due to a lack of clear and unmistakable evidence that these conditions existed prior to service.

The Veteran's service-connected disabilities, specifically degenerative disc disease of the lumbar spine, posttraumatic stress disorder (PTSD), and radiculopathy right lower extremity, are alleged to have caused or aggravated his sleep apnea. The Board finds a pre-decisional duty to assist error in not addressing this theory of entitlement and requires a new VA examination.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to a duty-to-assist error in failing to provide an adequate medical examination. The AOJ is required to obtain a new medical opinion from the appropriate clinician to address the nature and etiology of the Veteran's diagnosed obstructive sleep apnea, considering obesity as an intermediary between his service-connected conditions and his current disability.

The Board granted service connection for right lower extremity radiculopathy effective from September 17, 2022. An initial 20 percent rating was granted for the condition prior to July 18, 2023, and denied a higher rating thereafter. The Veteran's obstructive sleep apnea was not found to be service-connected.

The Board denied earlier effective dates for increased ratings of left and right lower extremity radiculopathies, as well as a higher rating for lumbosacral strain with degenerative arthritis prior to December 12, 2015.,The Veteran's claim for TDIU was also REMANDED.

The Board has remanded the case due to a pre-decisional error in the duty to assist, and additional development is needed including obtaining outstanding records from various facilities.

The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected left knee and major depressive disorder disabilities, with obesity acting as an intermediate step.

The Veteran's sleep apnea is granted as service-connected, with the Board finding that his symptoms began during service.

The Veteran's claims for sleep apnea, PTSD, bilateral hearing loss, and tinnitus have been granted. The claim for sleep apnea is remanded due to a change in the character of service.

The Board has remanded the case due to inadequate medical opinion and failure to obtain necessary evidence. The Veteran's service connection claim for low back disability is pending.

The Board has determined that the current medical opinions are inadequate and remands the case for further development to address the nature and etiology of the appellant's obstructive sleep apnea, including whether it is related to service-connected conditions or other factors.

The Board has granted service connection for obstructive sleep apnea, but remanded the issue of service connection for basal cell carcinoma due to a lack of a VA examination.

The Board has remanded the claim of service connection for sleep apnea due to a duty to assist error and an incomplete rationale in the April 2021 VA clinician's opinion regarding whether the Veteran's service-connected psychiatric disorder aggravated her obesity, which may have caused or aggravated her sleep apnea.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to the appellant's withdrawal of the appeal.