Sleep apnea decisions — 2024

The Board has granted a total disability rating based on individual unemployability (TDIU) due to the Veteran's service-connected chronic sinusitis and sleep apnea, finding that these conditions render him unable to obtain or maintain substantially gainful employment.

The Board denied the Veteran's requests for earlier effective dates for his service connection decisions, stating that the claims were not continuously pursued prior to December 14, 2015.

The Board has determined that the Veteran's OSA may be related to service, but further examination and opinion are needed to determine if it is directly connected or secondary to her service-connected disabilities. Additionally, the relationship between her obesity and OSA needs clarification.

The Veteran's claims for service connection for common headaches and lumbosacral strain are being remanded due to inadequate medical opinions. The AOJ must obtain new VA examinations and provide the Veteran with an addendum opinion regarding his claimed conditions.

The Veteran's claim for service connection for sleep apnea is denied as there is no competent evidence linking the condition to his active service.

The Board denied the Veteran's claim for an effective date prior to June 4, 2015 for the grant of service connection for obstructive sleep apnea as it was determined that this disability is secondary to his service-connected depressive disorder with anxious distress.

The Veteran's sleep apnea and tension headaches have been granted service connection, with the tension headaches receiving a non-compensable rating increased to 30 percent effective January 28, 2019.

The Veteran's claims for service connection for obstructive sleep apnea and erectile dysfunction are being remanded due to the submission of new evidence that is relevant to these conditions.

The Veteran's claim for service connection for sleep apnea was denied in October 2013, and the Board is remanding to attempt to obtain VA treatment records from September 2014 that were scanned into the VistA Imaging system but not associated with the claims file.

Your claim for service connection for sleep apnea has been fully granted by the AOJ in a June 2023 rating decision.

The Board has determined that the Veteran's sleep apnea is related to her military service and grants service connection for this condition.

The Board has denied service connection for obstructive sleep apnea and remanded the claim for chronic obstructive pulmonary disease due to lack of evidence linking these conditions to service.

The appeal for service connection for sleep apnea is dismissed as the Veteran did not file a valid appeal within one year of the November 2015 decision.

The Board has dismissed the Veteran's appeals for an increased rating for left lower extremity radiculopathy and service connection for obstructive sleep apnea due to processing errors.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current diagnosis is at least as likely as not related to his in-service symptoms and complaints. The decision resolves reasonable doubt in favor of the Veteran.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected depressive disorder. The decision resolves all reasonable doubt in favor of the Veteran.

The appeals of the denial of service connection for tinnitus and cataracts are dismissed. The increased rating in excess of 30 percent for asthma is denied, while the issues of sleep apnea, left knee joint arthritis with painful motion (extension), and TDIU are remanded.

The Board has denied service connection for bilateral hearing loss and remanded the claim for an initial evaluation greater than 10 percent for lumbosacral strain.

The Veteran's claim for service connection for sleep apnea was initially denied in November 2016. The effective date of the grant of service connection is set at June 4, 2019, based on the receipt of a reopened claim.

The Board found that the separate 30 percent rating for service-connected sarcoidosis was properly discontinued due to clear and unmistakable error, as ratings under DCs 6600 through 6817 and 6822 through 6847 will not be combined with each other. The Veteran is therefore not entitled to a separate 30 percent rating for the service-connected sarcoidosis.