Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of sleep apnea is related to his service and resolving reasonable doubt in his favor.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including depressive disorder and tinnitus.

The Veteran's appeal for a temporary total evaluation for lumbosacral strain with degenerative disc disease, lumbar spine, and spinal stenosis has been dismissed due to the appellant's withdrawal of the appeal.

The Veteran's sleep apnea and Stage 3 renal failure have not been rated higher than the current levels, with the Board finding that additional evidence is needed to determine if these conditions warrant a higher rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his military service or if it is secondary to his service-connected sinusitis.

The Board has remanded the Veteran's claims of service connection for sleep apnea and hearing loss due to a lack of a VA examination, which is considered a pre-decisional duty to assist error.

The Board has dismissed the appeals for service connection of lumbar spine disability, obstructive sleep apnea disability, and a rating in excess of 10 percent for left knee disability due to the Veteran's death.

The Veteran's claims for service connection for sleep apnea and an evaluation in excess of 20 percent for a lumbar spine disability are being remanded due to duty-to-assist errors. The AOJ must schedule the Veteran for VA examinations to determine the probable date of initial onset and etiology of obstructive sleep apnea, as well as the level of functional impairment associated with his service-connected low back disability.

The Veteran's service-connected conditions prior to May 19, 2016 did not prevent him from securing and following substantially gainful employment.,The Veteran does not meet the criteria for DEA benefits due to his combined rating of 20 percent at most.

The Board denied the Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities, finding that the evidence did not support a finding that he was in need of such assistance.

The Veteran's lumbosacral strain is currently rated at 10% and has been granted a 20% rating. The evidence shows that the Veteran's forward flexion was up to 60 degrees, which warrants a higher rating of 20%. There is no indication of ankylosis or other conditions warranting a higher rating.

The Veteran's service-connected disabilities, including Parkinson's disease with right upper extremity tremor and prostate cancer, have rendered him unable to secure or follow substantially gainful employment during the period from April 15, 2019 to April 30, 2019. He is granted a total disability rating based on individual unemployability for this period.

The Board has identified legal defects in the previous opinions and has ordered a remand to obtain an addendum opinion regarding the etiology of the obstructive sleep apnea from a VA examiner.

Your increased rating for lumbosacral strain has been reduced to 10 percent, but you are already receiving a higher rating of 40 percent. Therefore, your appeal is dismissed.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, which may be secondary to his service-connected lumbar spine disability, bilateral lower extremity radiculopathy, and posttraumatic stress disorder (PTSD).

The Board has remanded the case due to a duty-to-assist error in prior examinations and insufficient opinions regarding secondary service connection for sleep apnea. The Veteran's anxiety disorder is not found to be aggravated by his obesity, which may contribute to his sleep apnea.

The Veteran's service-connected ischemic heart disease, arteriosclerotic heart disease, coronary heart disease, and ischemic cardiomyopathy status post myocardial infarction is granted with a 60% rating prior to May 14, 2020.,From May 14, 2020 onwards, the Veteran's service-connected ischemic heart disease, arteriosclerotic heart disease, coronary heart disease, and ischemic cardiomyopathy status post myocardial infarction is denied.

The Board has decided to remand the claims for gastroesophageal reflux disease (GERD), sleep apnea, and migraine headaches due to inadequate medical opinions regarding their relationship to service-connected PTSD. The AOJ is instructed to obtain additional opinions addressing these issues.

The Board has determined that more development is necessary prior to final adjudication of the claims on appeal due to incomplete service treatment records. The Veteran's complete medical and personnel records from the Texas Army National Guard are requested.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected post-traumatic stress disorder (PTSD).