Sleep apnea decisions — 2024

The Board has remanded the claims for service connection for depression and obstructive sleep apnea as secondary to depression due to potential toxic exposure at Camp Lejeune. The Veteran's military records show he served at Camp Lejeune during a period of presumed exposure, but there is insufficient evidence to grant the claims without further development.

The Board denied readjudication of the claim for service connection for sleep apnea as there was no new and relevant evidence submitted since the May 2017 rating decision.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's claims for service connection are being remanded due to incomplete STRs and the need for additional development.

The Veteran's skin disability was granted service connection, and a 30% rating for peripheral vestibular disorder is granted. The other claims are denied.

The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and OSA, render them unable to secure or maintain substantially gainful employment. The Board has granted the TDIU claim.

The Board dismissed the Veteran's appeals for various conditions and issues due to his withdrawal of the appeal.

The Board has decided to remand the case due to the need for a VA examination to determine if the Veteran's sleep apnea is related to his active service.

The Veteran's claim for a total disability based on individual unemployability (TDIU) prior to October 28, 2022 is remanded due to the need for additional development and referral to the Director of Compensation Service for extraschedular consideration.

The Veteran was granted an initial 20 percent rating for lumbosacral strain, status post L5 discectomy from February 29, 2016, to August 16, 2020.,An initial 40 percent rating for IVDS (intervertebral disc syndrome), status post L5 discectomy was granted from August 17, 2020, to March 23, 2022. The Veteran's condition required bed rest of at least four weeks but less than six weeks during the past twelve months.

The Veteran's tinnitus, type II diabetes mellitus secondary to his right knee disability, sleep apnea, diabetic peripheral neuropathy, diabetic retinopathy, and erectile dysfunction are all granted. The Veteran's bilateral hearing loss is denied.

The Veteran's service connection claim for NASH is granted due to aggravation during service. The claims for obstructive sleep apnea, acute cholecystitis status post cholecystectomy, fibromyalgia, splenomegaly, thrombocytopenia, pancytopenia, and portal hypertension are remanded.

The Board has determined that additional evidence is needed to properly assess the Veteran's service-connected disabilities and their impact on his daily life. The Veteran will be provided with new VA examinations for his cervical spine, lumbar spine, PTSD, migraine headaches, bilateral foot disability, scar of the right hand long finger, penile disorder, and sleep apnea.

The Veteran's claim for service connection for a lumbosacral strain, separate and apart from the service-connected thoracic spine disability was denied. The Board also found that the issue of an earlier effective date for the grant of service connection for a thoracic spine disability is still pending.,The Veteran has appealed both issues, resulting in a mixed disposition where some aspects are granted (service connection) and others are not (effective date).

The Veteran's claims for service connection for chronic cough, TBI, ED, and sleep apnea have been granted. The rating assigned is 30% for the specified trauma and stressor related disorder.

The Board denied service connection for degenerative arthritis, degenerative disc disease, and lumbosacral strain as the evidence did not show a nexus to service or secondary to a service-connected disability.

The Veteran's claims for service connection for obstructive sleep apnea, migraine headaches, and right upper extremity radiculopathy have been granted. The initial disability ratings for the cervical spine and lumbar spine conditions are also granted.

The Board denied an initial disability rating in excess of 50 percent for sleep apnea, finding that the Veteran's condition did not manifest with chronic respiratory failure or require tracheostomy.

The appeal has been dismissed due to the death of the appellant, and no final decision can be made regarding the service connection claims.