Sleep apnea decisions — 2024

The Veteran's claim for an earlier effective date for the grant of service connection for sleep apnea was denied because there is no evidence of a prior claim filed before August 29, 2018.

The Veteran's service connection claims for obstructive sleep apnea and temporomandibular joint disorder are both granted. The decision on the TMJ claim is pending as it requires a VA examination.

The Veteran's dental condition, claimed as extracted teeth, is denied due to lack of evidence showing a current disability for VA compensation purposes.,Service connection for the right shoulder disability is denied because there is no direct service connection and the Veteran's current disability is less likely related to his in-service injury. The examiner noted that the current shoulder disability is more likely related to time and age rather than the in-service injury.,The Veteran's right arm disability is not supported by evidence of a current disability for VA compensation purposes.,Service connection for obstructive sleep apnea is remanded as there is no direct service connection established.,Service connection for a kidney disability, claimed as a 'hump' on the kidney, is remanded due to lack of evidence supporting its relationship with in-service events or diseases.,Service connection for polycythemia is remanded because it has not been shown to be related to an already service-connected condition (hemorrhoids and hiatal hernia) or a pre-existing condition aggravated by the service-connected conditions.,An initial rating in excess of 20 percent for right knee DJD with limitation of flexion from November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for right knee DJD with limitation of flexion prior to November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for right knee DJD with lateral instability prior to November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for left knee DJD is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 30 percent for hiatal hernia with GERD prior to November 29, 2011 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for hiatal hernia with GERD from November 29, 2011 to February 4, 2020 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 60 percent for hiatal hernia with GERD since February 4, 2020 is remanded due to lack of evidence supporting an increased disability level.,Total disability rating for compensation purposes based on individual unemployability due to service connected disability (TDIU) is remanded as there is no direct service connection established.

The Board has granted service connection for a sinus disability, but remanded the issues of service connection for deviated septum and sleep disability due to incomplete development.

The Board has granted service connection for asthma and a sleep disorder to include sleep apnea, finding that the Veteran's symptoms have persisted since exiting service.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's sleep apnea is related to service and if any in-service complaints are attributable to a known clinical diagnosis.

Service connection for COPD is granted under the PACT Act, and service connection for sleep apnea is remanded. The Veteran's hearing loss claim is also remanded.

The Board has remanded the case for obtaining a Social Security earnings report to determine the Veteran's income from October 2015 to the present. The TDIU claim remains denied.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's sleep disorder and its relationship to service, particularly his exposure to burn pits. The Veteran is seeking service connection for a sleep disability that he contends is related to his military service, including his deployment in the Persian Gulf.

The Board has granted the Veteran's application to reopen his claims for service connection for left and right knee disorders, PTSD, and sleep apnea. The appeals are remanded for further development.

The Veteran's service-connected disabilities did not preclude him from securing and following a substantially gainful occupation prior to April 2, 2016. From April 2, 2016 to June 27, 2016, the Veteran was in receipt of a total disability rating (TDIU) and Special Monthly Compensation (SMC). The appeal for TDIU is now moot as he is already receiving SMC.

The Board denied the Veteran's claim for total disability based on individual unemployability (TDIU) due to his service-connected disabilities, finding that there is not sufficient evidence to show he is unable to secure and follow a substantially gainful occupation.

The Board has remanded the claims for service connection of various conditions due to new evidence being added to the record after the January 2020 SOC. The Veteran is asked to waive AOJ review of this additional evidence.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence linking his current condition to military service or any service-connected disabilities.

The Board has granted the Veteran's claim for service connection of OSA as secondary to his service-connected PTSD, finding that there is a causal link between the two conditions.

The Board has decided that the Veteran's claim for service connection for a recurrent sleep disability, including obstructive sleep apnea, should be remanded due to incomplete records from Social Security Administration (SSA).

The Veteran's sleep apnea was found to have begun during his active service and is therefore granted as direct service connection.

The Board has decided to remand the case due to inadequate previous opinions and the need for updated treatment records. The Veteran's sleep apnea is being reviewed again with a new opinion from an appropriate clinician.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has granted service connection for bilateral pes planus and bilateral plantar fasciitis, but remanded the issues of GERD rating and back disability.

The Veteran's PTSD symptoms have resulted in total social and occupational impairment, warranting a maximum 100 percent rating.,For his left and right knee conditions, the Board has found insufficient evidence to determine their etiology and remanded for further examination.