Sleep apnea decisions — 2024

The Board has determined that new evidence was received after the February 2020 SOC and has not been considered by the AOJ. The claims for service connection are being remanded to allow the AOJ to review this additional evidence.

The Veteran's Barrett's esophagus, GERD, sleep apnea, and hypertension are related to his military service including exposure to contaminated water at Camp Lejeune. The Board has determined that a VA examination is needed for these claims.

The Board has determined that the Veteran does not have a current hip condition, ankylosing spondylitis, sleep apnea, cervicogenic headaches, hemorrhoids, neuropathic pain at post herniorrhaphy site, erectile dysfunction, or brain tumors related to his service. The claims for these conditions are denied.

The Veteran's service-connected disabilities require regular aid and attendance, warranting special monthly compensation at the aid and attendance rate.

Service connection is granted for acquired psychiatric disorder, including PTSD, Generalized Anxiety Disorder, Alcohol disorder, Major Depression Disorder (MDD), and Bipolar II.,Service connection is also granted for gastritis, GERD, lumbosacral strain, visual impairment, and erectile dysfunction.

The Veteran's GERD is currently rated at a 10 percent rating, but the Board has determined that a higher 30 percent rating is warranted.,For her lumbosacral strain, the Veteran's current 10 percent rating is being remanded for further examination and evaluation.

The Veteran's attorney has withdrawn the appeal for service connection for sleep apnea, and the Board has dismissed it.

The Board has determined that the Veteran's obstructive sleep apnea disability is proximately due to his service-connected right knee degenerative arthritis and left knee degenerative arthritis, granting service connection on a secondary basis.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, as there is at least equipoise evidence to support this conclusion.

The Veteran's appeals for service connection for diabetes mellitus and obstructive sleep apnea, both including as due to service-connected chronic adjustment disorder with PTSD, are dismissed because the Board erroneously docketed them under two different appeal streams.

The Veteran's lumbosacral strain has been granted an initial 20 percent rating, but no higher. The condition is characterized by muscle spasms resulting in an abnormal gait.

The Board has denied service connection for sinusitis and allergic rhinitis, but remanded the issue of sleep apnea due to a duty-to-assist error. The Veteran's claim for service connection remains pending.

The Board has decided to remand the case due to inadequate VA examination opinions and a need for an addendum opinion regarding whether the Veteran's obstructive sleep apnea is proximately due to or aggravated by service-connected hypertension.

The Veteran's claim for service connection for obstructive sleep apnea has been granted.,The appeals for increased ratings for degenerative disc disease of the lumbar spine, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity have all been withdrawn.

The Board has decided to remand the case due to a duty to assist error regarding the relationship between the Veteran's service-connected psychiatric disorder and his sleep apnea. The case will be returned for further examination and opinion.

The Veteran's appeal was dismissed because the Notice of Disagreement was submitted by an unauthorized party. The issues will be addressed in a separate Board decision.

The Veteran's rumination disorder, left knee scar, and obstructive sleep apnea (OSA) have been granted service connection. The right ring finger scar, acne scars, left eyebrow scar, right wrist scar, and right chest scar are denied as not related to service.,Service connection for eye conditions including pinguecula is also denied.

The Veteran's claim of service connection for sleep apnea is remanded due to a duty to assist error. The Board requires an opinion from an appropriate examiner regarding the nature and etiology of the Veteran's sleep apnea, including whether it had its onset in service or is otherwise related to service-connected disabilities.

The Veteran's claim for service connection for obstructive sleep apnea was granted effective January 4, 2017. The Board has now granted an earlier effective date of March 23, 2011.

Your claim for service connection for sleep apnea has been fully granted, and no further benefits are available. The appeal is dismissed.