Sleep apnea decisions — 2024

The Veteran's claims for increased ratings for right shoulder strain, low back disability, and sciatic nerve radiculopathy are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal regarding a higher rating for obstructive sleep apnea with sarcoidosis is remanded due to duty-to-assist errors and insufficient medical evidence.

The Board has remanded the case due to an inadequate VA examination, and the Veteran's service-connected disabilities need to be evaluated for their impact on his ability to care for himself.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a VA examination and opinion regarding the nature of the claimed condition, its relationship to service, and whether it is caused or aggravated by any service-connected disabilities.

The Veteran's application to reopen claims for PTSD, OSA, and Lumbar Spine Disorder was granted. The claims for OSA and Lumbar Spine Disorder were denied due to lack of new and relevant evidence.

The Veteran's disability rating for lumbosacral strain with intervertebral disc syndrome was reduced from 40 percent to 20 percent, but the Board found this reduction improper and restored the original 40 percent rating.

The Board denied the Veteran's claim for a TDIU due solely to service-connected PTSD, finding that his other disabilities (like OSA and GERD) prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's service-connected disabilities, including sleep apnea, left knee and ankle injuries, tinnitus, right knee strain, and other conditions, are sufficient to produce unemployability. The Board granted the TDIU based on the combined rating of his service-connected disabilities.

The Veteran's claims for service connection and initial disability evaluations are being remanded due to the need for additional examinations, review of outstanding records, and application of the combat presumption.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to her service-connected psychiatric disability.

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that it is secondary to his service-connected lumbar spine disease and post-traumatic stress disorder (PTSD).

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities, including major depressive disorder with PTSD and GERD.

The Veteran's claim for a rating in excess of 30 percent for ischemic heart disease is denied. The Veteran's residuals of bladder cancer with chronic kidney disease and urinary incontinence are rated at 60 percent, which is the maximum allowed under current criteria. The Veteran's lumbosacral spine disability remains at 20 percent. A TDIU from September 8, 2021 is granted.

The Veteran's lumbosacral strain service connection claim was granted with an effective date of February 18, 2020. The Board found that the earlier effective date of February 6, 2020, when the Veteran filed to reopen his claim, is appropriate.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to duty-to-assist errors. The issues are being remanded to obtain medical opinions regarding whether her service-connected lower extremity neuropathy caused or aggravated her obesity, which may be an intermediate step between her service-connected disabilities and her current conditions.

The Board has denied the Veteran's claims for service connection for residuals of lower back injuries, left and right lower extremity radiculopathy. The decision is based on a finding that there is no evidence linking these conditions to his period of active duty.

The Veteran's service connection claims for loss of sense of smell and sleep apnea are being remanded due to duty to assist errors in the initial rating decision. An additional examination is required for both conditions.

The Board has granted the Veteran's claim for service connection for OSA on a secondary basis to his service-connected left shoulder degenerative arthritis and PTSD (previously rated as anxiety disorder), with obesity serving as an intermediate step.

The Veteran's claim for service connection for impaired diastolic dysfunction with diastolic hypertension is granted. The claims for skin disability, diabetes mellitus, obstructive sleep apnea (OSA), right-sided carpal tunnel syndrome, and left-sided carpal tunnel syndrome are remanded due to the need for additional medical examinations.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent throughout the review period. The issue of entitlement to TDIU is dismissed as moot because there is no indication that any single disability alone warrants a TDIU.