Sleep apnea decisions — 2024

The Veteran's irritable bowel syndrome is rated at a maximum of 30 percent, effective from the date of this decision.,Service connection for bilateral pes planus and obstructive sleep apnea has been granted.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of January 27, 2021. The decision is based on the submission of a supplemental claim by the Veteran.

The Veteran's lumbosacral strain is rated at 40 percent effective November 12, 2019.,Left shoulder arthritis and related disabilities (bicipital tendon tear, rotator cuff tear, labral tear including SLAP) are rated at 30 percent effective May 23, 2019. The Veteran's left lower extremity radiculopathy of the femoral nerve is rated at 40 percent effective January 1, 2019. The Veteran's right lower extremity radiculopathy of sciatic nerve and right lower extremity radiculopathy of the femoral nerve are both rated at 30 percent effective January 1, 2019.,TDIU (total disability rating based on individual unemployability) is not granted due to lack of evidence showing entitlement prior to November 27, 2018.,DEA (Dependents' Educational Assistance) eligibility is denied as it requires a total disability rating.

The Veteran's claims for earlier effective dates for lumbosacral strain, sciatic nerve left lower extremity radiculopathy of the lumbar spine, left foot injury, and sciatic nerve right lower extremity radiculopathy of the lumbar spine have been dismissed as freestanding claims without a request for reconsideration based on clear and unmistakable error in prior final rating decisions.,The Veteran's claim for an earlier effective date for scar of the left lower extremity has also been dismissed. The Board found no evidence that can be construed as a claim for this condition prior to August 26, 2019.

The Board denied an initial disability rating in excess of 10 percent for the appellant's service-connected lumbosacral spine disability, finding that the evidence did not support a higher rating based on functional loss due to pain and stiffness during flare-ups.

The Board has remanded the case due to duty-to-assist errors and insufficient evidence regarding the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to a service-connected disability, specifically tinnitus. The AOJ is instructed to investigate the Veteran's alleged exposure to 'open burning fires' in DaNang during his military service and obtain an addendum opinion addressing whether OSA is at least as likely as not caused by or aggravated by service-connected tinnitus.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected other specified anxiety disorder, finding that his anxiety disorder aggravates his OSA.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's OSA and his military service, specifically toxic exposure risk activities.

The Board has remanded the case due to inadequate VA medical opinions regarding service connection for Obstructive Sleep Apnea. The Veteran's claim will be reconsidered with a full review of the record and consideration of all theories of entitlement raised by the Veteran or reasonably raised by the evidence.

The Board has granted service connection for the Veteran's claimed conditions, including diverticulitis with GERD and resection of the small intestine, sleep apnea, degenerative arthritis of the thoracolumbar spine, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The petition to reopen the claim of service connection for obstructive sleep apnea is granted. Service connection for obstructive sleep apnea is also granted. The claims for hypertension and erectile dysfunction are remanded.

The Board has remanded the Veteran's claims for service connection for cervical spine disability and sleep apnea due to insufficient evidence addressing both theories of entitlement.

The Board denied the Veteran's claim for service connection of OSA, finding that there is no persuasive evidence linking his current condition to his military service.

The Veteran's lumbar spine disability was granted a 40% rating effective February 19, 2021.,Right wrist and costochondritis disabilities were each granted a 10% rating effective September 21, 2020.,Service connection for sleep apnea was established with an effective date of June 29, 2021.,Service connection for cervical spine disability was denied.,TDIU was granted.

The Board has denied service connection for erectile dysfunction and left ear hearing loss, finding no current diagnosis or evidence of such conditions during the appeal period.,For the period on appeal, the Veteran's left ear hearing loss was rated as noncompensable due to having a puretone threshold at 52.5 decibels with an average score of 52.5 and a speech recognition score of 98%.

The Veteran's obstructive sleep apnea (OSA) is granted as secondary to his service-connected intervertebral disc syndrome (IVDS) with spondylosis of the thoracolumbar spine, lower back, and left ankle sprain status post fracture with surgical repair.

The Veteran's service connection claim for sleep apnea is remanded due to the need for a VA examination.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea is denied. The earliest possible effective date is March 28, 2022.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD).

The Board has denied the Veteran's claim for service connection for hypertension secondary to his major depressive disorder. The issue of service connection for obstructive sleep apnea is remanded due to a lack of an adequate VA examination.