Sleep apnea decisions — 2024

The Board denied the Veteran's claims for earlier effective dates for TDIU, DEA eligibility, and SMC based on housebound status due to lack of evidence showing entitlement arose prior to April 11, 2010.

The Veteran's obstructive sleep apnea was granted service connection as it is considered a chronic disease that had its onset during his active duty service.

The Veteran withdrew his appeals for all service connection claims, including sleep apnea, left elbow disability, right elbow disability, GERD, and neck disability. As a result, the Board dismissed these claims without prejudice.

The Veteran's low back disability is not rated higher than 20 percent due to the lack of forward flexion limited to 30 degrees or less, and no favorable ankylosis.,The Veteran's left knee disability is not rated higher than 10 percent due to the absence of limitation of motion.

The Board has remanded the claims for lumbosacral strain and tinnitus due to insufficient evidence, including missing treatment records from the Appellant's period of active duty training. The issues are inextricably intertwined as they both relate to a common event on June 16, 1994.

The Veteran's claim for service connection for obstructive sleep apnea has been granted due to the submission of new and relevant evidence. The case is remanded for further development.

The Veteran's appeal for service connection on all listed conditions has been dismissed due to the Veteran's withdrawal of his appeal prior to a final decision.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected generalized anxiety disorder and tinnitus.

The Veteran's appeal for attorney fees based on past-due benefits awarded in the January 2024 Rating Decision is dismissed as the appellant withdrew his intent to contest the decision.

The Board has determined that the remand is necessary to address a pre-decisional duty to assist error and obtain an adequate VA examination.

The Board has granted the Veteran's claim for service connection for sleep apnea, secondary to his service-connected PTSD with obesity as an intermediate step. The decision is based on evidence showing that the Veteran's obesity was caused by his PTSD and that this obesity was a substantial factor in causing his sleep apnea.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to the need for a VA examination and consideration of whether OSA is secondary to his service-connected PTSD.

The Veteran's claims for service connection for right knee arthritis, diabetes mellitus, and right hallux valgus were denied as new and relevant evidence did not tend to prove or disprove the elements of service connection.,The Veteran's claims for service connection for tension headaches secondary to PTSD and obstructive sleep apnea secondary to PTSD are granted.

The appeal as to entitlement to service connection for erectile dysfunction, secondary to service-connected hypertension is dismissed as moot.,The appeal as to entitlement to service connection for cerebrovascular accident (CVA), secondary to service-connected hypertension is dismissed as moot.,The appeal as to entitlement to service connection for obstructive sleep apnea (OSA), secondary to a service-connected CVA is dismissed as moot.

The Veteran's lumbosacral strain condition was incurred in military service and the Board granted service connection for this condition.

The Board has determined that the VA opinions provided are inadequate and remands the case for further development, including obtaining an addendum medical opinion addressing whether OSA was caused or aggravated by PTSD, and considering the Veteran's exposure to burn pits during service.

The Board has remanded the claims of entitlement to service connection for sleep apnea, bilateral hearing loss, and tinnitus with vertigo due to a duty-to-assist error. The AOJ is required to obtain addendum opinions addressing theories of secondary service connection and obesity as intermediate steps.

The Board has remanded the case due to a duty to assist error and the need for a TERA opinion regarding the Veteran's service connection claim for sleep apnea.

The Veteran's effective date for total disability rating based on individual unemployability (TDIU) is established as September 25, 2012. The decision also grants an effective date of September 25, 2012, and no earlier, for Dependents' Educational Assistance (DEA) benefits.

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