Sleep apnea decisions — 2024

The Board has granted service connection for recurrent right ankle injury residuals including degenerative joint disease and recurrent lumbosacral spine injury residuals including mechanical low back pain and lumbosacral strain, finding that the conditions were initially manifested during active service.

The Board has granted effective dates of December 16, 2014 for both the TDIU and Dependents' Educational Assistance benefits.

The Board granted service connection for sleep apnea, finding that the Veteran's continuous reports of sleep-related symptoms since separation from service are credible and sufficient to establish onset in service.,For the mental disorder claim, the Board denied an earlier effective date than July 5, 2016, as the Veteran has continuously pursued the claim within one year after VA received his Intent to File a claim for compensation.

The Board has remanded the cases for further development and clarification regarding exposure to Agent Orange or other TERA during service, as well as medical opinions on the etiology of the Veteran's skin cancer, right and left lower extremity neuropathy, and tinnitus.

The Board denied effective dates prior to April 4, 2017 for service connection of various conditions and granted other benefits.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis of the spine is related to his active service and grants service connection for this condition.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected generalized anxiety disorder with panic attacks, finding that his psychiatric disability caused him to become obese and subsequently develop obstructive sleep apnea.

The Veteran's OSA is granted, but his right hand arthritis, peripheral neuropathy of the upper and lower extremities, lumbar spine disorder, and other conditions are denied. The AOJ must obtain a proper examination for the issues not yet addressed.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's OSA was previously granted based on aggravation of a service-connected condition. The Board is remanding the case to determine if OSA can be granted on its own merits or as secondary to another condition.

The Veteran's current headache condition is related to his service-connected hypertension and anxiety disorder, which has been granted.,The Veteran's obstructive sleep apnea is secondary to his service-connected atrial fibrillation and lower extremity disabilities, with obesity as an intermediate step, which has also been granted.

The Board has granted service connection for bilateral pes planus but has remanded the issue of service connection for obstructive sleep apnea due to a lack of a VA examination and opinion.

The Veteran's service-connected sleep apnea and hypertension substantially contributed to his cause of death, acute myocardial infarction. The Board granted service connection for the cause of death.

The Board has denied the Veteran's claims for service connection for a low back disorder and obstructive sleep apnea. The case is being remanded to obtain an adequate VA examination for the latter claim.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected right fibula fracture with hardware removal and traumatic arthritis, considering obesity as an intermediate step.

The Board has denied the Veteran's claims for service connection for OSA, dry eye disability, and GERD due to a lack of evidence showing a nexus between these conditions and his military service. The claims are remanded for further development including VA examinations.

The Veteran's PTSD is granted with a 50% rating, effective September 23, 2020. Tinnitus and sleep apnea are denied.

The Veteran's lumbosacral strain and scar status post pilonidal cyst have been granted service connection, while the pes planus has been denied. The initial compensable rating for PFB and a 10 percent disability rating for the pilonidal cyst scar have been granted.

The Board has denied the Veteran's claims of service connection for residuals of right thyroid mass with tracheal deviation, status post total thyroidectomy and unspecified depressive disorder. The claim for sleep apnea (OSA) is remanded.

An effective date prior to December 29, 2016, for the award of a 10% rating for left great toe fracture residuals is denied.,A rating in excess of 10% for left great toe fracture residuals is denied.,Basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is granted.