Sleep apnea decisions — 2024

The Board has restored service connection for right knee strain, left knee strain, and lumbosacral strain due to the severance of these conditions in previous decisions.

The Veteran's appeal is remanded for further development regarding his claims of service connection for various conditions.,No compensable initial rating was granted for allergic rhinitis from February 7, 2019, to April 21, 2020.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea. The claims are being remanded due to a need for additional medical examinations.

The Veteran's claim of service connection for obstructive sleep apnea is granted. The Board also grants the claim for erectile dysfunction, which it finds is proximately due to his service-connected PTSD and/or obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection due to a failure to provide proper notice of his right to a pre-decisional hearing before the AOJ.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed due to a procedural defect, as the claim was improperly docketed in the AMA system.

The Veteran's appeals for increased ratings on lumbosacral strain, RLE radiculopathy, and LLE radiculopathy were dismissed. The Board also found that the reduction of the rating for lumbosacral strain was improper and granted restoration to a 10% rating effective April 17, 2023. Other appeals for earlier effective dates for TDIU and DEA were remanded.

The Veteran's claims for an increased rating for lumbosacral strain and TDIU are being remanded due to the need for a new medical examination.

The Veteran's appeals for service connection for sleep apnea, a low back condition, and radiculopathy of the right and left lower extremities were dismissed due to improper use of an appeal form in the AMA system.

The Board has remanded the claims for bilateral hearing loss, obstructive sleep apnea, gastroesophageal reflux disease (GERD), bronchospasm, and jaw condition due to insufficient evidence or inadequate examination.

The Board has granted service connection for sleep apnea but denied service connection for a left knee disability, finding that the preexisting condition was not aggravated by active duty.

The Veteran's appeals for service connection have been dismissed due to a procedural defect in the docketing of the claims.

The Board has found that the Veteran's sleep apnea is not directly related to service, and there is insufficient evidence to establish a nexus with any service-connected conditions. The Board also finds that the Veteran's obesity, which may be caused by his service-connected disabilities, does not substantially factor in causing or aggravating his sleep apnea.

The Board has granted service connection for osteoporosis, OSA, GERD, and diabetes mellitus type 2 as secondary to the Veteran's service-connected autoimmune hearing loss.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during his military service and have continued to the present. The decision is based on lay statements from the Veteran, his spouse, and a fellow servicemember.

The Board has denied service connection for right and left elbow disabilities, as well as OSA, finding that the evidence does not support a link to service or service-connected conditions.

The Board has determined that a new VA examination is needed to clarify the nature and extent of the Veteran's sleep impairment, including whether it is related to his service-connected acquired psychiatric disorder or if it constitutes a separate compensable condition.

The Veteran's appeal for increased ratings for obstructive sleep apnea and tinnitus was denied. The Board found that the Veteran's symptoms were accounted for by the current 50 percent rating for obstructive sleep apnea, and there is no evidence of exceptional or unusual disability picture for tinnitus.

The Board has granted the Veteran's claims for service connection for a back injury and bilateral lower extremity radiculopathy, finding that new evidence supports the claim and resolving reasonable doubt in favor of the Veteran.

The Veteran's claims for service connection for a stomach disability, sleep apnea with an evaluation of 50 percent, and tinnitus with an evaluation of 10 percent are all granted. The effective dates for these grants are April 11, 2017.