Sleep apnea decisions — 2024

The Board has determined that there was a duty to assist error in the prior rating decision and has ordered additional medical opinions to address whether the Veteran's service-connected adjustment disorder with mixed anxiety and depressed mood or obesity aggravated his OSA.

The Board has decided to remand the case due to inadequate medical opinions regarding the nature and etiology of the Veteran's obstructive sleep apnea (OSA). The Veteran is seeking service connection for OSA, which he claims was caused or aggravated by his service-connected disabilities.

The Board has granted service connection for hypertension effective from August 10, 2022, under the PACT Act. The other issues are remanded due to new evidence and potential TERA exposure.

The Veteran's appeal for service connection for obstructive sleep apnea has been withdrawn by the Veteran prior to a decision being made.

The Board has remanded the claims for service connection due to insufficient evidence regarding in-service toxic exposures, sleep apnea, and TBI residuals. The Veteran will need to provide clarification on his exposure history and undergo VA examinations to determine if these conditions are related to service.

The Veteran's service-connected seborrheic dermatitis with rosacea is rated at 60 percent, which is the highest rating available under VA guidelines.

The Veteran's claim for an increased rating for migraine headaches was denied, and the claim for service connection for OSA, which is secondary to PTSD, was granted.

The Board has granted service connection for sleep apnea on a secondary basis to the Veteran's service-connected hiatal hernia, finding that obesity, which is not itself a disability, served as an intermediate step in causing the Veteran's current sleep apnea.

The Board has granted service connection for sleep apnea and chronic renal disease, both secondary to the Veteran's service-connected gastroesophageal reflux disease (GERD).

The Veteran's claims for earlier effective dates for the 40 percent ratings for left and right lower extremity sciatic radiculopathy, as well as the 30 percent ratings for right and left knee flexion limited to 9 degrees, have been remanded.,The effective date for the award of service connection for OSA is granted on April 2, 2019.

The Board has reopened the Veteran's claims for service connection for back, left ankle, sinus, and sleep apnea conditions. However, as these claims are remanded to the RO, they will be readjudicated in the first instance based on all evidence of record, including new and relevant information.

The appeal for an earlier effective date for the grant of service connection for central sleep apnea associated with PTSD and alcohol abuse is dismissed due to the Veteran's death.

The Board has determined that the Veteran's obstructive sleep apnea is proximately related to his service-connected unspecified anxiety disorder, and therefore grants the claim for service connection.

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed.,Service connection for left ear hearing loss is denied. The Board finds that the evidence does not support a current diagnosis of left ear hearing loss disability.

The Board has decided to remand the case due to an inadequate VA medical opinion regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected left upper lobe lung cancer. The matter will be returned for further action.

The Board has granted the Veteran's claim of entitlement to service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus with obesity acting as an intermediary step.

The Board has remanded the claim for an evaluation greater than 60 percent prior to June 20, 1997, for post-discectomy and fusion of the lumbosacral spine due to a duty to assist error. The Veteran's representative contends that the Veteran is entitled to staged ratings or a temporary total disability rating prior to June 20, 1997, based on his statements about severe functional limitations resulting in inability to work during portions of the appeal period.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) began during service and granted service connection for this condition.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his condition is related to his active service.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities prior to June 3, 2021. After that date, his combined permanent and total schedular rating does not allow for additional TDIU benefits.