Sleep apnea decisions — 2024

The Board has granted service connection for obstructive sleep apnea and set the effective date at July 29, 2018.

The Veteran's appeal for an effective date earlier than December 1, 2020 for the addition of his dependent child D.D. to his compensation award was denied as there is no evidence of an earlier application submitted within one year of notification.

The Board has decided to remand the case due to a need for a VA examination regarding the Veteran's sleep apnea, which may be related to in-service exposure to fuels, paint, and sand/dust. The PACT Act requires this examination as it was not considered at the time of the initial decision.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and evaluations.

The Board has determined that the Veteran's tinnitus first manifested during service and is presumed to have been incurred therein. The claims for hearing loss, frostbite (lower left and lower right), hypertension, erectile dysfunction, and sleep apnea are remanded due to a failure of the AOJ to obtain relevant records.

The Board has determined that the initial decision on service connection for Obstructive Sleep Apnea is inadequate and requires a new medical opinion to determine if it is caused or aggravated by any of the Veteran's service-connected disabilities.

The Board has dismissed all appeals related to the Veteran's claims for service connection and earlier effective dates, as the Veteran died during the pendency of these appeals.

The Veteran's right lower extremity radiculopathy is currently rated at 40 percent disabling, effective May 19, 2021. The appeal for a higher rating remains pending.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is granted entitlement to a TDIU. The increased ratings for lumbosacral strain and right knee tendonitis are denied.

The Veteran's appeal for a rating reduction from 40 percent to 10 percent for lumbosacral strain was dismissed due to the filing of the Notice of Disagreement being premature and the proposed reduction not going into effect.

The Veteran's sleep apnea is found to have begun during his active service and the Board grants service connection for this condition.

The Veteran's appeals for earlier effective dates for increased ratings on several service-connected conditions are dismissed as the claims were filed under a legacy system and not the AMA.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected post-traumatic stress disorder.

The Board has determined that new and relevant evidence has been received for the claims of service connection for sleep apnea, migraines, and cardiovascular signs or symptoms. The claims are being remanded to allow for further development.

The Veteran's claims for service connection for a sleep disorder and an acquired psychiatric disorder are being remanded due to the need for additional evidence.

The Veteran's claims for service connection for low back disability, right knee disability, and left knee disability are remanded due to inadequate VA examinations. The Board finds the February 2019 and July 2019 VA examinations insufficient and requires additional evaluations.

The Board has determined that new evidence received since the June 2019 rating decision is relevant to the issue of entitlement to service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected depressive disorder. The claim will be remanded for further development and readjudication.

The Veteran's claim for a higher disability rating for PTSD is denied as her symptoms do not meet the criteria for a 100% disability rating.,The Board has remanded the claims of service connection for chronic cephalgia, shin splints in both legs, and sleep apnea due to insufficient medical opinions.

The Board has determined that there were errors in the initial decision regarding the Veteran's service connection claim for sleep apnea, including failing to obtain private treatment records and not affording a VA examination. The case is being remanded to address these issues.

The Veteran withdrew his appeal, and the Board dismissed it due to lack of jurisdiction.