Sleep apnea decisions — 2024

The Veteran's previously denied claim of service connection for sleep apnea is dismissed as the appeal was not timely filed and no new evidence has been submitted.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's previously service-connected disabilities caused obesity, and if obesity was a substantial factor in developing obstructive sleep apnea. The Veteran will need to undergo a new VA examination to address these issues.

The Board has dismissed the Veteran's appeals for service connection on multiple knee and ankle conditions due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has granted service connection for ADHD as aggravated by the Veteran's service-connected OSA, finding that the evidence supports this conclusion.

The Veteran's claims for TDIU and Dependents' Educational Assistance were denied as there was no factual basis to grant earlier effective dates, with the exception of a 10% increase in disability rating for tinnitus from October 29, 2017. The Board found that the Veteran did not become unemployable within one year prior to October 29, 2018.

The Board has remanded the claims of entitlement to service connection for sleep apnea, anxiety, diminished eyesight, and an initial compensable disability rating for bilateral hearing loss due to lack of evidence supporting these claims. The Veteran's current symptoms do not meet the criteria for a compensable rating for his bilateral hearing loss.

The Veteran's lumbosacral strain is rated at 10 percent, which does not meet the criteria for a higher rating as his forward flexion is greater than 60 degrees but less than 85 degrees and his combined range of motion is greater than 120 degrees but less than 235 degrees.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no current disability and noting that the December 2017 sleep study was negative.

The Board has remanded the Veteran's claims for obstructive sleep apnea, gastroesophageal reflux disease (GERD) with Barrett's Disease, a heart condition, and melanoma due to additional development being necessary.

The Veteran's obstructive sleep apnea is being remanded due to the need for additional evidence and a medical opinion regarding its relationship to his service-connected disabilities, particularly lumbar strain, bilateral knee, and bilateral flat feet.

The Veteran's service-connected conditions, including diabetes, stroke, and vision problems, have prevented him from securing or maintaining substantially gainful employment from July 1, 2019, to February 16, 2022.

The Veteran's appeal for increased ratings for lumbosacral strain with IVDS and mild recurrent major depressive disorder, with somatic pain disorder was denied. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD, finding that there is at least equipoise evidence and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn caused his obstructive sleep apnea (OSA).

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant as they do not result in anatomical loss, blindness, or significant functional impairment that would qualify under the applicable regulations.

The Board has remanded the case due to an incomplete VA opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected allergic rhinitis. The claim will be returned for a new examination.

The Board has determined that further development is necessary for the Veteran's claims of service connection for sleep apnea, increased ratings for his service-connected back disability and associated neurological disabilities, and TDIU. The case will be remanded to obtain additional VA examination opinions and a retrospective opinion.

The Veteran's lumbosacral strain with degenerative disc disease of the lumbosacral spine is rated at 20 percent prior to January 16, 2024 and denied for a higher rating.

The Veteran's service connection claims for obstructive sleep apnea, irritable bowel syndrome, chronic fatigue syndrome, gastroesophageal reflux disease, and symptoms of a traumatic brain injury are all granted. The case is also REMANDED for further examination and opinion regarding the claim for service connection for chronic fatigue syndrome.

The Veteran's claims for a compensable rating for service-connected bronchitis and service connection for sleep apnea are remanded due to pre-decisional duty to assist errors. The case will be returned to the AOJ for correction of these errors.