Sleep apnea decisions — 2024

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected psychiatric disability with obesity as an intermediary step.

The Board denied the Veteran's claim for VR&E benefits, other than employment benefits, to include a program of independent living services pursuant to 38 U.S.C. Chapter 31 due to the lack of reasonable feasibility in achieving a vocational goal and improvement in independence in daily living.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to military service or toxic exposure risk activity (TERA).

The Board has decided to remand the case due to a duty to assist error in the initial decision. The Veteran's claim for service connection for lumbosacral strain is being reviewed again.

The Veteran's COPD, to include asthma and OSA, is rated at 100 percent effective March 31, 2020. Separate ratings for COPD, OSA, and asthma are denied as per VA regulations. SMC at the housebound rate is granted effective March 31, 2015.

An effective date of October 12, 2021, but no earlier, has been granted for a 40 percent evaluation for lumbar spine degenerative arthritis, degenerative disc disease, and spinal stenosis. The Veteran's claim for TDIU was also granted on this same effective date.

The Board has remanded the case due to deficiencies in a previous VA opinion, and requests an addendum from an appropriate clinician to address whether OSA is related to service, specifically exposure to burn pits, or if it was aggravated by asthma.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed due to the improper docketing of the appeal, which constituted a procedural defect.

The Veteran's lumbosacral strain and bilateral lower extremity lumbar radiculopathy have been granted service connection, with the latter being secondary to his primary back disability.,An initial 50 percent rating for tension headaches has been granted, reflecting very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected PTSD with MDD, finding that it is at least as likely as not caused by his service-connected conditions.

The Veteran's initial disability rating for Irritable Bowel Syndrome is denied as it is the highest schedular evaluation available. The Board has also remanded her claim for service connection for Obstructive Sleep Apnea due to insufficient evidence.

The Veteran's claims for increased ratings are remanded due to the use of outdated examinations and outstanding VA treatment records. The RO must obtain updated examinations and consider new evidence.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD, with the Board finding that obesity resulting from PTSD was a substantial factor in causing the current disability.

The Board has decided to remand the claims for further evaluation due to a lack of adequate examination and duty to assist errors.

The Board has remanded the claims for service connection due to duty-to-assist errors, including obtaining relevant records and providing an adequate medical opinion regarding the onset of the Veteran's acquired psychiatric disorder and sleep apnea syndrome.

The Veteran's appeal concerning the issues of hypertension, lumbosacral strain, and bilateral pes planus has been dismissed due to the death of the Veteran.

The Veteran's PTSD is rated at 70 percent from July 30, 2018. The Board granted a TDIU based on the service-connected disabilities.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea and remanded the issue of service connection for an acquired psychiatric disorder, to include PTSD. The decision is not binding on VA policies or interpretations of general applicability.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his currently diagnosed sleep apnea did not have onset in service and is not otherwise etiologically related to service.