Sleep apnea decisions — 2024

The Board has remanded the claims for service connection for schizoaffective disorder, anxiety disorder, and bipolar I disorder due to duty-to-assist errors. The Veteran's complete SSA records are requested.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected unspecified depressive disorder and diabetes mellitus, resolving reasonable doubt in favor of the Veteran.

The Veteran's appeals for sleep apnea, high blood pressure, and migraines have been withdrawn. The Board has remanded the claims for a disability evaluation in excess of 60 percent for residuals of a crush injury of the C7 vertebra with radiculopathy and TDIU.

The Veteran's OSA and GERD are remanded for further examination and opinion regarding their etiology. The depressive disorder evaluation is also remanded.

The Veteran's depressive disorder is rated at 50 percent, effective May 28, 2021. The Board also granted a TDIU based on the combined effect of his service-connected disabilities.

The Board has decided to remand the case due to errors in the AOJ's decision, including a lack of STRs and incomplete VA examination.

The Veteran's lumbosacral strain with degenerative traumatic arthritis of the spine was previously evaluated at a 20% rating effective September 25, 2019. The Board has determined that an adequate VA examination is needed to determine the current severity of his condition.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's obstructive sleep apnea and its relation to his military service.

The Board has granted service connection for obstructive sleep apnea, a left shoulder strain, and a cervical strain with an effective date of March 4, 2019. The decision finds that the Veteran's initial claims were filed on the incorrect form but can be reasonably construed as an intent to file.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain was denied as the earliest possible effective date is February 21, 2018, when he notified VA of his intent to file a new claim. The December 2004 denial became final due to lack of timely appeal and no new evidence within one year.

The Veteran's appeals for service connection for irritable bowel syndrome and chronic fatigue syndrome were dismissed as the benefits sought have been granted.,The Veteran's appeals for service connection for a respiratory condition, peripheral arterial disease, stable angina, fevers (also claimed as Meningeal disease), and bilateral hearing loss were dismissed as the benefits sought have been granted.

The Board has determined that new and relevant evidence has been received to readjudicate the claims of service connection for latent tuberculosis and obstructive sleep apnea. The case is being remanded to consider the merits of these claims.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the January 2020 rating decision on appeal. The RO is instructed to obtain additional VA treatment records and conduct further examinations for the Veteran's claimed conditions.

The Board has dismissed the appeal for service connection of multiple conditions due to the appellant's death.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular evaluation available.,The Veteran's claim for a rating of 40 percent, but no higher, for degenerative disc disease, lumbosacral spine, is granted. The evidence supports this decision based on his limited range of motion during flare-ups.

The Veteran withdrew his appeal regarding service connection for obstructive sleep apnea before the Board could make a decision.

The Board has decided to remand the Veteran's claim of service connection for mild lumbosacral degenerative disc disease due to pre-decisional errors and insufficient medical opinions. The case will be returned to the AOJ for further development, including obtaining a VA opinion on the etiology of the Veteran's back condition.

The Veteran's service connection claim for obstructive sleep apnea is granted as his OSA onset in service.

The Veteran's appeal for specially adapted housing and special home adaptation grant has been dismissed.,His claim for a rating in excess of 40 percent for lumbosacral spine disability is denied, as the evidence does not show unfavorable ankylosis or functional equivalent of ankylosis. The Veteran retains some range of motion despite pain and limited function.,The Veteran's TDIU claim has been granted effective December 13, 2019.