Sleep apnea decisions — 2024

The Board has determined that the Veteran's claim for service connection for bilateral hearing loss is denied, and the claims for OSA, low back disability, and left lower extremity radiculopathy are remanded due to a pre-decisional duty to assist error.

The Veteran withdrew his appeal, including the hearing request, before a decision was made. As a result, the appeal is dismissed.

The Board has granted service connection for a low back condition, sinusitis, and sleep apnea. Service connection for irritable bowel syndrome (IBS) is denied.

The Veteran's sleep apnea is granted as service-connected, and he is awarded a 30% rating.,Both his right knee disability (patellofemoral pain syndrome with meniscal tear, arthritis, and shin splints) and left knee disability (arthritis with meniscal tear and shin splints) are granted at a 30% rating.

Service connection is granted for deviated nasal septum and allergic rhinitis.,Service connection is also granted for Parkinson's disease, heart disease, rheumatoid arthritis, multiple joints, diverticulitis, peripheral neuropathy as secondary to heart disease, and sleep apnea.

Service connection for hypothyroidism is granted due to herbicide agent exposure in service.,An initial rating of 60 percent, but no greater, is granted for kidney disease based on GFR readings from March and October 2023.,Service connection for GERD is remanded as the evidence does not support a finding that it is due to kidney impairment.,Service connection for sleep apnea secondary to kidney disease is remanded as there are conflicting opinions regarding its etiology.,Service connection for hyperthyroidism is remanded as the opinion did not address herbicide agent exposure.

The Veteran's lumbosacral strain resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not more than 60 degrees, which does not meet the criteria for a higher rating. The Board denied an initial rating in excess of 20 percent.

The Board dismissed the issue of service connection for sleep apnea because the Veteran's Notice of Disagreement was submitted under the modernized review system, which is not valid due to being untimely.

The Board has granted service connection for bilateral hearing loss, tinnitus, and OSA. The Veteran's current conditions are found to be at least as likely as not related to his military service.

The Board has granted service connection for obstructive sleep apnea and has remanded the issues of higher ratings for PTSD and TBI with a cognitive disorder.

The Veteran's obstructive sleep apnea is found to be related to her active service, and the claim for service connection is granted.

The Veteran's tinnitus is granted as service connected. The issue of sleep apnea service connection is remanded for further review.

The Board has determined that the Veteran's sleep apnea is not directly related to service, but may be caused or aggravated by her service-connected disabilities. The Board finds a need for additional medical opinions to address these issues.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms during active duty are related to his current condition.

The Veteran's sleep apnea syndrome with exercise induced asthma and interstitial lung disease is currently rated at 50 percent, but the Board found no evidence to support a higher rating as his disability does not meet the criteria for a 100 percent evaluation.

The Veteran's claims for service connection for a low back disability and bilateral lower extremity radiculopathy are remanded due to duty-to-assist errors. Additional VA medical opinions are needed to determine the nature and etiology of the Veteran's claimed conditions.

Service connection is granted for tinnitus, lower back disability, bilateral pes planus, and sleep apnea. The Veteran's claims are remanded for further examination to determine the nature of his foot conditions and sleep apnea.

The Veteran's service connection claim for status post three disc replacement cervical spine was denied. Increased ratings were granted for intermittent radiculitis affecting the right and left L5-S1 nerve roots, but his lumbosacral strain with arthritis rating of 40 percent remains unchanged.

The Veteran's TBI appeal was dismissed as the Veteran withdrew her request for review.,Service connection is granted for cervical strain and spinal stenosis (neck condition), low back condition, tinnitus, and hemorrhoids secondary to service-connected IBS.

The Veteran is granted an effective date of May 4, 2014 for the grant of service connection for obstructive sleep apnea.