Sleep apnea decisions — 2024

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is remanded due to a pre-decisional duty to assist error. The Board requires an adequate VA examination to clarify whether the Veteran's service-connected disabilities cause him to require the aid and attendance of another.

The Board has determined that the VA Regional Office (RO) made an error in denying the Veteran's claim for service connection of OSA. The RO did not consider the Veteran's reported sleep disturbances during service and the subsequent VA examination was inadequate. Therefore, further examination and opinion are needed to determine if the Veteran's OSA is related to his military service.

The Veteran's obstructive sleep apnea is found to be caused by his service-connected gastroesophageal reflux disease (GERD). The Board grants the claim for service connection.

The Veteran's lumbosacral strain disability was rated at 10 percent from December 18, 2018 to November 20, 2019. The Board found that the symptoms did not meet criteria for a higher rating during this period.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected neurofibromatosis. The appeal regarding an initial evaluation in excess of 10 percent for left wrist mass is remanded.

The Veteran's appeal for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected unspecified depressive disorder and coronary artery disease (CAD) is remanded due to inadequate VA examination opinions regarding the relationship between his OSA, obesity, and his service-connected disabilities.

The Board has determined that the VA examination provided was inadequate and remands the case for a new examination to determine the etiology of the Veteran's restless leg syndrome, including whether it is proximately due to or aggravated by any service-connected conditions.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to his death.

The Board has decided to remand the case due to duty-to-assist errors and requires a VA examination to address whether the Veteran's sleep apnea is related to his active service, specifically an IED explosion in Afghanistan, or if it is aggravated by his service-connected PTSD.

The Veteran's initial claim for a higher rating for his service-connected lumbosacral strain with degenerative arthritis of the lumbosacral spine including bilateral sacroiliitis with sclerosis of the sacroiliac joints was denied. The Board has determined that an updated VA examination is needed to properly rate this disability, specifically whether separate ratings are warranted for associated neurological disability (radiculopathy).

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) began during his active service and granted service connection for this condition.

The Veteran is granted a TDIU and DEA for the period beginning January 30, 2017 due to service-connected disabilities that precluded substantially gainful employment.

The Veteran's claims for service connection for acquired psychiatric disorder, tinnitus, and hypertension have been dismissed as the AOJ has granted these conditions in full.,The Veteran's claims for service connection for sleep apnea and sinusitis are remanded due to insufficient evidence addressing their secondary nature.

The Veteran's appeals for higher ratings and earlier effective dates have been denied. The Board found that the evidence did not support a finding of service connection for hearing loss or disability of the cervical spine, and denied all other claims.

The Board has granted the Veteran's claims for service connection for left ankle lateral collateral ligament sprain, left knee osteoarthritis, lumbosacral strain with degenerative arthritis, and right knee patellofemoral pain syndrome due to new and relevant evidence submitted since previous rating decisions.

The Veteran's claims for service connection for sleep apnea syndromes, nephrolithiasis/kidney condition, left shoulder condition, and left elbow condition have been denied. The Veteran's claim for a rating in excess of 10 percent disabling for his left wrist degenerative arthritis (DA) with history of tendonitis has also been denied.,The Board found that the evidence did not support service connection for any of these conditions.

The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the claims of service connection for obstructive sleep apnea and a respiratory condition.

The Veteran's claims for an earlier effective date and TDIU due to service-connected sleep apnea are being remanded as the RO failed to consider whether a retrospective VA medical opinion was needed, and did not adjudicate his Rice v. Shinseki claim.

The Board dismissed the claim for service connection for sleep apnea as there were no specific errors of fact or law to appeal.

The Board has granted service connection for erectile dysfunction but remanded the cases of rhinitis and sleep apnea due to inadequate medical opinions that did not consider all potential toxic exposures.