Sleep apnea decisions — 2024

The Board has granted service connection for an acquired psychiatric disorder, to include generalized anxiety disorder. The claim of service connection for obstructive sleep apnea is remanded due to a duty-to-assist error.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of December 15, 2017.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is related to his service-connected disabilities or if obesity is a substantial factor in causing his current disability. The case will be returned to the AOJ for further review and consideration.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus was denied as the maximum schedular rating has been assigned.,Service connection for bilateral hearing loss was granted based on a continuity of symptomatology linking current disability to service exposure.,Service connection for obstructive sleep apnea was granted due to a finding of a current diagnosis and in-service symptoms.

The Board has determined that the Veteran's recurring headaches, obstructive sleep apnea (OSA), insomnia disorder, and short-term memory loss are secondary to his service-connected seizure disorder.,The evidence supports a finding that these conditions are related to the Veteran's service-connected condition.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea must be remanded due to a pre-decisional duty-to-assist error. The AOJ is instructed to obtain an addendum medical opinion from the appropriate clinician to address the nature and etiology of the Veteran's diagnosed obstructive sleep apnea, including whether it was caused or aggravated by his service-connected conditions.

The Board has determined that a new VA examination is needed to address the Veteran's claim for service connection for sleep apnea, which may be secondary to his service-connected bipolar disorder.

The Board has remanded the claims of service connection for obstructive sleep apnea, sinusitis, and rhinitis due to a lack of compliance with previous directives.

The Board has determined that the current VA opinions are inadequate and remands the case for further development, including obtaining additional medical opinions to address the Veteran's claims of service connection for obstructive sleep apnea.

The Board has granted service connection for obstructive sleep apnea, finding that it is proximately due to and caused by the Veteran's service-connected physical disabilities.

The Board denied service connection for loss of smell, loss of taste, pseudofolliculitis barbae, left ankle disorder, left foot disorder, bilateral leg disorder other than sciatica, sleep apnea, and low back disorder. The Veteran's claims were not supported by medical evidence linking these conditions to his military service.

The Veteran's lumbar spine disability was rated at 10 percent prior to October 5, 2022 and at 20 percent beginning October 5, 2022.,Separate ratings of 10 percent were granted for right and left lower extremity radiculopathy.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection due to insufficient evidence and incomplete compliance with previous directives.

The Board has determined that additional development is needed for the Veteran's low back and neck disabilities, as well as his varicose veins disability.,For the low back and neck service-connected disabilities, a new VA examination is needed to evaluate their current level of severity.

The Veteran's claim for service connection for hypertension was reopened due to new and material evidence. Service connection is granted on a presumptive basis under the PACT Act. The claims for OSA, anemia, and thyroid disability are remanded.

The Veteran's claim for increased ratings and TDIU was denied, with the exception of a partial grant of a 40 percent rating effective April 4, 2017. The case is remanded due to procedural issues.

The Board dismissed all service connection claims for various shoulder, wrist, ankle, and spine disorders. The claim for a headache disorder was reopened based on new evidence submitted by the Veteran. Secondary service connection was granted for migraine headaches related to PTSD. Service connection was established for irritable bowel syndrome (IBS) and gastroesophageal reflux disease (GERD).

The Board has granted service connection for an epigastric hernia and remanded the issues of service connection for obstructive sleep apnea, a right foot disability, and a left foot disability.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to September 25, 2012, finding that it is not factually ascertainable that he became unemployable due to his service-connected disabilities in the year prior to filing his claim.

The Veteran's appeal for service connection for obstructive sleep apnea has been withdrawn.,Claims to reopen previously denied claims of entitlement to service connection for an acquired psychiatric disorder and diabetes mellitus type II have been denied due to lack of new and material evidence.,Service connection for high blood pressure and headaches have not been established based on the available evidence.,The Veteran's surgical scar, dorsal left second metatarsophalangeal joint s/p osteotomy left foot has a compensable disability rating.