Sleep apnea decisions — 2024

The Veteran's appeal is denied as his service-connected conditions do not meet the criteria for higher initial disability ratings.

The Board denied the appellant's claim for an increased disability rating in excess of 60 percent for obstructive sleep apnea (OSA) with asthma, finding that his condition did not meet the criteria for a higher rating under DC 6847 or DC 6602.

The Veteran's appeals for service connection have been dismissed as he has withdrawn his appeal.

The Veteran's service-connected acquired psychiatric disorder is linked to his obesity, which in turn caused him to develop obstructive sleep apnea. The Board has granted service connection for the Veteran's obstructive sleep apnea on a secondary basis.

The Board has received a request for withdrawal of the appeal regarding increased rating for right knee disability and reopening claims for sleep apnea and diabetes mellitus. The appeal is dismissed as a result.

The Veteran's lumbosacral strain with degenerative arthritis is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is currently rated at 10 percent, and the Board does not find evidence to support a higher rating.,The Veteran's right knee strain is currently rated at 10 percent, with no indication of a need for a higher rating based on the provided information.,The Veteran's right shoulder strain is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.

The Veteran's Obstructive Sleep Apnea (OSA) is granted as secondary to her service-connected PTSD with depressive disorder.,The Veteran's Low Back Condition is remanded and will be reconsidered based on the new medical opinion provided.

The Board has determined that the Veteran's sleep apnea is not directly caused or aggravated by her service-connected bilateral knee disabilities, but it was found to be aggravated by her service-connected major depressive disorder with generalized anxiety. The decision grants service connection for sleep apnea as secondary to these conditions.

The Board has denied the Veteran's appeals for earlier effective dates for service connection due to incomplete claims submitted within one year of receipt, and the earliest allowable effective date is March 13, 2018.

The Veteran withdrew her appeal for service connection for thoracolumbar scoliosis and lumbosacral strain, resulting in the dismissal of this case.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain is granted, with the effective date set at May 29, 2020. The Board found that the representative resubmitted the application on March 10, 2020 and resolved all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to inadequate examination findings and a need for further evaluation of the Veteran's lumbosacral strain.

The Board has determined that additional development is needed to address the service connection claim for obstructive sleep apnea (OSA), including whether it is related to service-connected disabilities such as PTSD and tinnitus. The case is being remanded.

The Board has granted service connection for obstructive sleep apnea but has remanded the claim of neck strain due to a duty-to-assist error.

The Board has granted service connection for a heart disability, SDB and OSA, and headaches due to their being proximately due to the Veteran's service-connected PTSD. The claims are based on secondary service connection.

The Board denied the Veteran's claims for earlier effective dates and initial ratings, finding that there was no basis to grant these requests based on the evidence of record. The Veteran's sleep apnea disability was granted service connection with an effective date of March 18, 2016, which is not earlier than this date. Initial rating claims for headaches and TBI residuals were denied as they are already at their maximum schedular ratings. Ratings for medial tibial stress syndrome in the lower extremities prior to November 6, 2020, were granted.

The Veteran's service-connected type II diabetes mellitus is granted a disability rating of 40 percent, effective from the date of the decision. The Veteran's sleep apnea is also granted as service connected.

The Board has dismissed the claims of service connection for diabetes mellitus, Type II, hypertension (HTN), panic disorder without agoraphobia, and obstructive sleep apnea (OSA) due to procedural errors in how they were docketed under the Appeals Modernization Act.

The Veteran's appeal of the denial of service connection for sleep apnea syndrome was dismissed because the VA Form 10182, Notice of Disagreement, was not timely filed.