Sleep apnea decisions — 2024

The Veteran's service-connected disabilities, including ADHD, lumbosacral strain with degenerative arthritis, tinnitus, right knee osteoarthritis, left knee osteoarthritis, scar, and left ear hearing loss, collectively precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU based on the combined effects of these disabilities.

The Board has granted service connection for GERD, Hernia, Obstructive Sleep Apnea, Cervical Spine Disability, Left Upper Extremity Radiculopathy (secondary to cervical spine disability), Right Upper Extremity Radiculopathy (secondary to cervical spine disability), Thoracolumbar Spine Disability, Left Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), Right Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), and Left Knee Disability (secondary to bilateral foot disabilities, pes planus) and Right Knee Disability (secondary to bilateral foot disabilities, pes planus).

The Veteran's service connection for an acquired psychiatric disorder and obstructive sleep apnea have been granted, but the effective dates are not earlier than September 15, 2020. Basic eligibility to Dependents' Educational Assistance (DEA) is also denied.

The Board has determined that the Veteran's sleep apnea is proximately due to his service-connected major depressive disorder, and thus grants service connection for sleep apnea as secondary to major depressive disorder.

The Board has dismissed the claim for a TDIU from July 19, 2023 due to the grant of a combined 100 percent rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). The appeal for a TDIU prior to July 19, 2023 is remanded as it may be eligible for extraschedular consideration.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD with major depressive disorder. The Board finds the March 2022 private opinion of Dr. W. to be adequate and persuasive, finding that the current credible medical literature supports the finding that obstructive sleep apnea develops from PTSD.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring an adequate VA examination and opinion to determine the nature and etiology of the Veteran's sleep apnea as related to his service-connected GERD.

The Board has determined that new and relevant evidence was received to readjudicate the Veteran's claims of entitlement to service connection for a left elbow condition and OSA. The issues are remanded for further examination and opinion.

The Board has dismissed the appeal for attorney fees as the appellant notified the RO of his intent to withdraw the BVA Notice of Disagreement and received a memorandum releasing fees.

The Veteran's appeals for increased disability ratings for his lumbar spine disability and bilateral radiculopathy of the lower extremities have been dismissed due to his explicit, unambiguous requests to withdraw these appeals.

The Board has determined that there is pre-decisional error in the decision on appeal regarding service connection for sleep apnea and requires a VA examination to address the Veteran's claim.

The Board has remanded the cases of hypertension and obstructive sleep apnea for further examination to determine their etiology, as well as whether they are aggravated by service-connected disabilities or obesity.

The Veteran's sleep apnea and tension headaches are granted service connection. The bilateral knee disability and dermatitis/eczema, psoriasis are remanded for further examination and opinion.

The Board has granted service connection for lumbosacral strain, finding that the Veteran's current disability was aggravated during a period of active duty for training (ACDUTRA).

The Veteran's obstructive sleep apnea (OSA) is granted as service-connected, with the condition beginning during his active military service.

The Board has remanded the Veteran's claims for service connection due to errors in obtaining his private medical records and inadequate opinions from VA examiners. The AOJ is instructed to obtain these records and provide adequate opinions.

The Veteran's service-connected Generalized Anxiety Disorder, combined with other service-connected disabilities, rendered him unable to secure or follow a substantially gainful occupation as of May 1, 2018. The Board granted an effective date of May 1, 2018 for the award of TDIU and SMC at the housebound rate.

The Board has granted service connection for the Veteran's lower back disability, diagnosed as lumbosacral strain and lumbar spine degenerative disc disease and arthritis, finding that it is related to his military service.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to a current service-connected disability and resulting obesity, resolving doubt in favor of the Veteran.

The Veteran's OSA is rated at 50 percent, effective September 30, 2020. The rating was granted based on the use of a breathing assistance device such as a CPAP machine.