Sleep apnea decisions — 2024

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the VA decision-making process.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it was incurred during active service. The decision resolves reasonable doubt in favor of the Appellant.

The Board found the appellant eligible for additional attorney fees based on past-due benefits awarded in a March 2015 rating decision. The AOJ is required to provide a full accounting of the value of the grant of service connection for OSA and determine if the appellant is entitled to additional fees.

The Veteran's appeal for a disability rating in excess of 40 percent for lumbosacral strain, status post hemi-laminectomy, is dismissed as the claim remains within the legacy system and was not an initial decision under the AMA.

The Veteran's claims for higher ratings for lumbosacral strain with IVDS, left lower extremity sciatic radiculopathy, and unspecified depressive disorder with anxious distress were denied. The Board found that the evidence did not support a rating in excess of the current 20 percent for lumbosacral strain with IVDS or the current 10 percent for left lower extremity sciatic radiculopathy.

The Veteran's chronic bronchitis with COPD and early emphysema caused his sleep apnea, which is granted as secondary to the service-connected condition.

The Board denied the Veteran's request for an earlier effective date prior to December 20, 2021, for service connection of obstructive sleep apnea. The claim was not filed until after the disability had already been diagnosed.

The Board denied the appeal as to whether a timely VA Form 9 was received in response to the May 2018 Statement of the Case for the issue of entitlement to service connection for obstructive sleep apnea.

The Veteran's claims for headaches, sleep apnea as secondary to headaches, and hyperhidrosis have been denied due to lack of evidence supporting a current disability or relationship to service.,The Veteran's cervical strain claim has been remanded due to the inadequate opinion provided by the VA examiner regarding the etiology of his condition.

The Veteran's claim for individual unemployability due to service-connected disabilities is remanded as the VA mental health examination was inadequate and there are additional service-connected disabilities that have not been considered.

The Board has determined that a remand is necessary to correct pre-decisional duty to assist errors and to satisfy statutory duties, including providing the Veteran with an appropriate VA examination to determine the nature and etiology of his claimed obstructive sleep apnea.

The Board has granted effective dates of December 27, 2020 for service connection of bilateral tinnitus with benign paroxysmal positional vertigo (BPPV), lumbosacral strain, right knee iliotibial band syndrome, and left ankle tendinopathy.

The Veteran withdrew his appeals regarding effective dates and initial disability ratings for lumbar spine disability, right and left sciatic nerve radiculopathy.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected conditions, with obesity serving as an intermediate step.

The Board has determined that the Veteran's obstructive sleep apnea is caused by his service-connected back, right lower extremity, and left lower extremity disabilities with obesity as an intermediate step. Service connection for this condition is granted.

The Board has determined that the Veteran's service-connected unspecified trauma and stressor related disorder, along with bilateral flat feet with plantar fasciitis and calcaneal spur, caused or aggravated his obesity, which in turn caused his Obstructive Sleep Apnea (OSA).

The Veteran's claim for a rating in excess of 50 percent for sleep apnea was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for service connection for tinnitus was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for a 70 percent rating for PTSD was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for a 40 percent rating for degenerative disc disease of the lumbar spine was denied.

The Board has granted service connection for lumbosacral strain, left hip condition, and right hip condition based on the Veteran's in-service injuries and symptoms that continued after service.

The Board has determined that the grant of service connection for OSA in July 2021 was not clearly and unmistakably erroneous, thus restoring service connection for OSA.

The Veteran's appeals for earlier effective dates and higher initial ratings for OSA, GERD, and vertigo have been dismissed due to the appellant's withdrawal of the appeal.