Sleep apnea decisions — 2024

The Veteran's claim for service connection for stenosis (lower back disability) has been denied. The claims for service connection for an acquired psychiatric disorder, a sleep disorder (including insomnia and sleep apnea), a cervical spine disability, and a respiratory disability have been remanded.

The Board has remanded the Veteran's claims of service connection for bruxism and sleep apnea, finding that additional evidence is needed to determine if these conditions are related to military service or service-connected PTSD.

The Veteran's sleep apnea is caused by her service-connected PTSD, and the Board has granted service connection for this condition as secondary to PTSD.

The Veteran's claims of entitlement to service connection for various conditions have been remanded due to the submission of new and relevant evidence. The hearing loss claim is denied, while the knee, skin disorder, vertigo, and sleep apnea claims are being reconsidered.

The Veteran's sleep apnea and radiculopathy of the left lower extremity are both granted service connection as they are found to be related to his military service.

The Veteran's claim for service connection for obstructive sleep apnea has been granted. The issue of a rating in excess of 70 percent for PTSD with alcohol abuse and TBI was dismissed, but the reduction in rating for headaches from 30% to 0% is considered improper and the original 30% rating is restored.

The Board has remanded the claims for service connection for obstructive sleep apnea, back disorder, neck disorder, headaches, eye disorder, and an acquired psychiatric disability (including PTSD) due to a duty-to-assist error. The Veteran's claim for service connection for obstructive sleep apnea is denied as there is no current diagnosis of OSA.

The Veteran's service-connected disabilities have rendered her unable to secure or maintain gainful employment, warranting a TDIU.,The VA has remanded the claims for an evaluation in excess of 40 percent for lumbosacral strain and evaluations in excess of 20 and 10 percent for left and right lower extremity radiculopathy of the sciatic nerve.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis of the spine was denied. The Board also found that he is not entitled to TDIU based on his service-connected disabilities, except for mental health conditions and back disability which affected his ability to work prior to February 28, 2020.

The Board has determined that there is at least as much evidence to support the claim of service connection for OSA as secondary to PTSD, and thus grants this portion of the Veteran's appeal.

The Board denied the Veteran's claim for service connection for a low back disorder, finding that there was no evidence of chronicity during active service and insufficient medical opinion to establish a nexus between current condition and in-service injury.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from May 12, 2021 to May 11, 2022.

The Board has granted an earlier effective date of December 22, 2004 for the award of service connection for migraines (claimed as constant headaches). The Veteran's claim was reopened due to new and material evidence received within a year of the initial denial in December 2004.

The Board has denied the Veteran's claims for service connection for lower back condition and left knee condition, finding that there is no evidence of an in-service injury or disease related to these conditions.,Service connection was not granted as the Veteran did not have a current disability at the time of separation from service, nor could it be presumed due to continuity of symptomatology.

The appeal of the proposed reduction in the disability rating for service-connected lumbar degenerative disc disease with intervertebral disc syndrome is dismissed. The Veteran's entitlement to a disability rating in excess of 50 percent for his service-connected obstructive sleep apnea with bronchitis is denied.

The Board has granted service connection for headaches and awarded a separate rating from the existing ratings for chronic fatigue syndrome and sleep apnea.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected generalized anxiety disorder caused her obesity, which was a substantial factor in developing her obstructive sleep apnea.

The Veteran's OSA is currently rated at 50 percent, the highest rating available under the applicable criteria. The Board found no evidence of chronic respiratory failure with carbon dioxide retention or cor pulmonale, which are required for a higher rating.

The Veteran's claim for an increased evaluation of his service connected lumbosacral strain with spondylolisthesis was denied. The rating decision on appeal awarded a 40 percent disability rating under DC 5237, and the Veteran seeks a higher rating.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD.