Sleep apnea decisions — 2024

The Veteran's claim for an increase rating higher than 10 percent for right elbow condition is dismissed. The Board has also remanded the claims of service connection for OSA and for an increase rating for right shoulder condition.

Your claims for service connection have been dismissed because the forms you submitted were not timely and properly appealed to the Board.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea, as well as the impact of obesity on his sleep apnea.

The Board has remanded the case due to a failure to obtain relevant private chiropractic treatment records from Dr. M.H. of Coastal Chiropractic, which are necessary for a proper determination on service connection for a lumbosacral spine disability.

The Board has decided to remand the case due to inadequate medical opinions and a need for further development. The Veteran's current diagnoses of lumbosacral strain, intervertebral disc syndrome, and retrolisthesis of L5-S1 are related to his active-duty service.

The Board has determined that the Veteran's diagnosed Obstructive Sleep Apnea is secondary to his service-connected Posttraumatic Stress Disorder, and grants service connection for this condition.

The Veteran's PTSD with bulimia nervosa and trichotillomania has been granted a 70 percent rating, which is the maximum available under current VA regulations.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to submission of new and relevant evidence. The effective date for the increased rating of lumbosacral strain is set at July 16, 2021. The remaining issues are remanded for further review.

The Veteran's claim for an earlier effective date and a higher rating for OSA was denied. The Board found that the evidence did not support assigning a higher rating than what is currently assigned.

The Board has remanded the case due to inadequate nexus opinions regarding service connection for obstructive sleep apnea. The Veteran's musculoskeletal and mental disabilities are considered in determining whether they cause or aggravate his OSA.

The Board has granted the Veteran's claim for service connection of OSA as secondary to his service-connected back and knee disabilities, finding that obesity resulting from these conditions is a substantial factor in developing OSA.

The Veteran's claim for service connection of a right thumb disability is denied as there is no evidence of current disability. The Veteran's claim for temporary total evaluation based on treatment of a service-connected or other condition subject to compensation (right anterior thigh drain) is also denied.,The Veteran's claim for an increased rating for lumbosacral strain, currently rated at 20%, is remanded as the VA examinations were inadequate and further examination is needed.

The Board has decided to remand the case due to a duty-to-assist error, requiring an adequate VA examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to January 10, 2020. The Board is remanding the case to refer it to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the case due to insufficient examination regarding the relationship between the Veteran's service-connected anxiety disorder and depressive disorder, not otherwise specified, and his obstructive sleep apnea. The examiner is required to address whether obesity, which may be an intermediary factor, was a substantial factor in causing or aggravating the Veteran's OSA.

The Board has denied service connection for diabetes mellitus type II and remanded the issue of service connection for obstructive sleep apnea due to lack of evidence showing an in-service event, injury, or disease. The Veteran's claim for service connection for obstructive sleep apnea is now pending.

The Veteran's appeals for service connection for tinnitus and obstructive sleep apnea were dismissed because the VA Form 10182 (Notice of Disagreement) was not filed within the required time frame, as specified by VA regulations.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected lumbosacral strain, bilateral knee strain, and/or bilateral lower extremity radiculopathy.

The Veteran's earlier effective dates for diabetes mellitus and history of heart murmur have been granted, with the effective date set at January 22, 2021.,The Veteran's earlier effective date for high blood pressure has also been granted, with the effective date set at December 3, 2020.

The Board has remanded the claim for service connection for obstructive sleep apnea due to inadequate examination and opinion, including failure to consider lay statements and discuss potential aggravation of the condition by another service-connected disability.