Sleep apnea decisions — 2024

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is granted as the evidence shows that his OSA had its onset during service and there is a causal relationship between his current diagnosis and in-service symptoms.

The Board denied the Veteran's claim for an earlier effective date than February 4, 2021, for an award of additional dependency benefits for his spouse A. N. H., finding that he did not provide all necessary information to establish his entitlement within one year of the August 2018 rating decision which established compensation and rated a service-connected disability at least 30 percent.

The Board has found that the Veteran does not have a current diagnosis of bilateral hearing loss and denied service connection for this condition. The claims for PTSD and OSA are remanded due to inadequate examination.

The Board has granted service connection for a low back disability and remanded the cases regarding earlier effective dates for OSA, asthma, and higher initial ratings for cervical radiculopathy with carpal tunnel syndrome.

The Board has dismissed the appeals for service connection for sleep apnea and Parkinson's disease, to include Parkinson's disease-like symptoms due to an improper concurrent appeal.

The Board dismissed the appeal because the Veteran died during the pendency of the appeal, and therefore has no jurisdiction to adjudicate the claim.

The Veteran is granted a TDIU due to PTSD alone, effective June 28, 2020.,SMC at the housebound rate was granted as of July 28, 2020, based on his service-connected disabilities combined independently rating at 60 percent or more.,Prior to July 28, 2020, SMC was not warranted due to insufficiently rated service-connected disabilities.

The Board has dismissed the appeal due to the Veteran's death, and no service connection is granted for any of the claimed conditions.

The Board has decided to remand the claims for service connection for obstructive sleep apnea and a skin condition due to duty-to-assist errors. The Veteran's OSA is related to toxic exposure risk activity (TERA) during his service in the Gulf War, but no VA opinion addressing this relationship was obtained. Similarly, the skin condition may be related to TERA or an undiagnosed illness, but a VA opinion on this issue has not been provided.

The Board has remanded the case due to the need for further development, including effectuating the grants of service connection for tinnitus and sleep apnea. The issue of entitlement to a TDIU prior to September 13, 2021 will be adjudicated by the RO in light of these new developments.

The Board has withdrawn the Veteran's appeals for service connection for allergies, bronchitis, cervical spine disability, lower back disability, left ankle disability, and sleep apnea. The appeal is also remanded for further examination regarding SMC based on aid and attendance.

The Veteran's residuals of left ear tympanic membrane perforation are related to his active service.,The Veteran does not have a current hearing loss disability for VA purposes.

The Board has granted an earlier effective date of December 1, 2017 for the Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy, right lower extremity.

The Board has decided to remand the case for further evaluation of whether the Veteran's obstructive sleep apnea is related to her service-connected PTSD with Major Depressive Disorder and alcohol use disorder due to military sexual trauma.

The Veteran's GERD and sleep apnea have been granted service connection. The lumbar spine condition is remanded for further examination to determine if it is caused or aggravated by the service-connected right ankle condition.

The Veteran's TDIU and SMC at the housebound rate are granted due to his service-connected PTSD, which is rated as 70 percent disabling since June 16, 2016. The additional disabilities do not meet the criteria for a single disability rated at 100%.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) had its onset during service and granted service connection for OSA.

The Board has granted service connection for sleep apnea as secondary to service-connected disabilities and has also granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that there was a duty to assist error and the Veteran's claim for service connection for obstructive sleep apnea should be remanded for further development, including obtaining an examination.

The Board has determined that the Veteran's current sleep apnea is related to his service, and thus grants the claim for service connection.