Sleep apnea decisions — 2024

The Veteran was granted a TDIU prior to August 23, 2023, due to his service-connected disabilities preventing him from obtaining and maintaining gainful employment. The issue of TDIU beginning on or after August 23, 2023, is moot as the Veteran has been in receipt of a combined 100% rating.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected low back and left lower extremity radiculopathy disabilities, which caused obesity that was a substantial factor in developing OSA.

The Board has found that the Veteran's service connection claims for hepatocellular carcinoma, coronary artery disease, diabetes mellitus type II, hypertension, diabetic nephropathy, obstructive sleep apnea, iron deficiency anemia, and erectile dysfunction are remanded due to a failure to verify the Veteran's exposure to herbicide agents while stationed in Korea.

The Board has determined that there was a pre-decisional duty to assist error and remanded the claims for service connection for diabetes mellitus type II as secondary to PTSD and sleep apnea as secondary to PTSD. The Veteran's appeal is being remanded to correct this error.

The Board has determined that new and relevant evidence has been submitted regarding the Veteran's claims for service connection for obstructive sleep apnea, to include as secondary to nasal septal deformity, and bilateral hearing loss. The AOJ is therefore required to consider these claims on their merits.

The Veteran's sleep apnea is found to have started during service and is related to his time in the military, leading to a grant of service connection.

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Veteran's claims for service connection for bilateral hearing loss and sleep apnea have been denied as there is no current disability of such disorders, and the evidence does not support a finding that they are related to his military service.

The Board has decided to remand the case due to deficiencies in the previous examination report, specifically regarding the secondary service connection for OSA. The Veteran's obesity is considered an intermediary factor between his service-connected disabilities and OSA.

The Board has remanded the issues of entitlement to an initial compensable disability rating for lumbosacral strain with degenerative arthritis of the spine and spondylolisthesis from July 21, 1973, to February 7, 2017, and entitlement to an initial disability rating in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve associated with service-connected back disability. The remand is due to a duty-to-assist error regarding SSA records.

The Board has found new and relevant evidence that the Veteran's obstructive sleep apnea may be related to his service-connected disabilities, including a cervical spine injury and lumbosacral strain. The case is being remanded for further review.

The Veteran's claim for service connection for obstructive sleep apnea with solitary pulmonale nodule (OSA) is denied as the earliest possible effective date allowed by law has been awarded, which is May 1, 2020.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and evaluations.,Specifically, a new VA examination is required for his lumbar spine disability.

The Veteran's tinnitus is granted service connection and rated at 10%. The rating for his MDD remains at 70%, but a TDIU is granted. OSA service connection is remanded.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claim for service connection for temporomandibular joint dislocation (TMD), also claimed as TMJ. The issue of service connection for obstructive sleep apnea (OSA) is not being readjudicated due to lack of relevant new evidence.

The Board has denied service connection for the right hip, left hip, and right ankle conditions. The cervical spine condition and lumbosacral strain (low back strain) are remanded due to insufficient examination or opinion.

The Board has remanded the claims for service connection for insomnia, obstructive sleep apnea (OSA), and traumatic brain injury due to conflicting statements from the Veteran and outstanding medical records.

The Board has remanded the Veteran's claims for service connection for lung cancer and obstructive sleep apnea due to inadequate medical opinions. The cases are now pending further review.

The Board has remanded the claims for additional development due to a pre-decisional duty to assist error regarding Social Security Administration (SSA) records.

The Board denied the Veteran's claim for service connection for left retroperitoneal tumor with liposarcoma, finding no causal link between his current disability and exposure to jet fuel during service. The examiner concluded that the Veteran was not exposed to specific toxins known to cause or aggravate his liposarcoma.