Sleep apnea decisions — 2024

The Veteran's claim for service connection for depression was dismissed as he withdrew his appeal during the hearing.,Service connection for OSA and HTN were granted, with OSA being secondary to TBI and right knee disability with obesity as an intermediate step.

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

The Veteran's claims for pseudofolliculitis barbae, hemorrhoids, right elbow disability, and left elbow disability have been dismissed as they were not included in the original appeal.,The Veteran's claim for an acquired psychiatric disability (claimed as insomnia) has also been dismissed. The evidence does not support a finding that this condition began during service or is related to any in-service injury or disease.

The Veteran's claims for increased ratings and service connection are being remanded due to errors in the initial rating decision, including failure to assign an effective date for asthma service connection.

The Board has granted service connection for the Veteran's sleep apnea as secondary to her service-connected PTSD, finding that there is at least a 50% likelihood that the sleep apnea is caused by her PTSD.

The Veteran's appeal for TDIU and DEA prior to July 29, 2020 was denied as the evidence did not show he was unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD and/or weight gain due to inability to exercise due to service-connected musculoskeletal conditions. The Veteran's migraine headaches are granted a 50 percent rating, but no higher.

The Board has remanded the claims for service connection for right and left ankle conditions, as well as sleep apnea. The Veteran's contentions regarding these conditions are being reviewed to determine their relationship to his military service.

The Board has decided to remand the case due to a lack of a VA etiology opinion regarding the Veteran's claimed obstructive sleep apnea, which is related to his service-connected PTSD.

The Veteran is seeking an effective date earlier than May 15, 2014 for her service-connected low back disability.,The Board finds that the presumption of regularity has been rebutted and grants an effective date of May 15, 2014.

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new evidence that tends to prove or disprove a matter at issue in the claim. The Board finds that readjudication of the previously denied claim is warranted.

The Veteran's claims for service connection were denied due to the lack of a valid application filed prior to February 10, 2020.,The effective date for the grant of service connection is set at February 10, 2020.

The Veteran has withdrawn his appeals for service connection for sleep apnea and increased ratings for left and right lower extremity radiculopathies, resulting in the dismissal of these issues.

The Board has determined that the Veteran's claim for service connection for OSA should be remanded due to a duty-to-assist error and insufficient medical opinions. The case will be reviewed with a new VA examination to determine if OSA is related to service or service-connected PTSD.

The Board denied service connection for obstructive sleep apnea as secondary to PTSD, finding the evidence did not support a causal relationship.,Service connection was also denied for a bilateral foot disability due to lack of relevant medical records and insufficient evidence linking the condition to service.

The Veteran requested to withdraw his claim for service connection of sleep apnea, and the appeal is dismissed.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a total disability rating based upon individual unemployability (TDIU).

The Veteran's claims for increased ratings were denied as his lumbosacral strain, lower extremity radiculopathy, and scars did not meet the criteria for higher ratings under VA rating criteria.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected cervical spine disability.

The Veteran's PTSD was granted service connection effective April 3, 2017. The other issues were denied as the earliest possible effective date is April 3, 2017.