Sleep apnea decisions — 2024

The Veteran's lumbosacral strain was rated at 40 percent, effective September 27, 2021.,Right femoral and sciatic nerve radiculopathies were each rated at 20 percent, also effective September 27, 2021.,Sinusitis was rated at 30 percent, effective September 27, 2021. Rhinitis remained rated at 10 percent.

The Board has determined that there was a pre-decisional duty to assist error and the claim for service connection for low back disability must be remanded for further action.

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board has remanded the Veteran's claims for additional medical opinions to determine if his bilateral knee disabilities, back disability, erectile dysfunction, and GERD are aggravated by his service-connected left foot disability.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected left fifth metatarsal residual fracture, resolving any doubt in favor of the Veteran.

The Board denied the Veteran's claims of service connection for left ankle condition, hypertension as secondary to lumbosacral strain, and sleep apnea as secondary to lumbosacral strain.

The Veteran's claim for service connection for lumbar spine disability was granted, and the effective date is set at August 24, 2018.

The Veteran's OSA with chronic bronchitis is rated at 100 percent, effective October 2012. The rating for prior to June 10, 2015, chronic bronchitis remains noncompensable.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for various disabilities, including cervical spine disability, right shoulder disability, right wrist disability, right hand disability, respiratory disability other than obstructive sleep apnea, and headache disability. The claims are being remanded to allow for further development.

The Board has denied a compensable initial evaluation for obstructive sleep apnea, finding that the Veteran's baseline and post-aggravation levels of disability both warrant a 50% rating. The claim is therefore denied as there is no evidence to support a higher rating.

The Veteran's claims for service connection were reopened and denied in 2017, but the effective date of July 2, 2021 was granted for all conditions.

The Veteran's TBI with PTSD was granted a disability rating of 70 percent effective May 6, 2021. The other conditions were denied.

The Board has determined that the VA examinations conducted during the relevant periods on appeal are inadequate and lack certain information for the Board to make a fully informed decision as to the severity of the Veteran's lumbosacral strain. The claim is remanded for further development.

The Veteran's claims for service connection are being remanded due to duty-to-assist errors and potential PACT Act exposure issues.

The Veteran withdrew his appeal for service connection for sleep apnea before the Board could make a decision.

The Veteran's lumbar spine and right ankle disabilities are rated based on limitation of motion. The Board found the criteria for higher ratings were not met.,Service connection for obstructive sleep apnea is remanded due to a duty to assist error.

The Veteran is unable to secure or follow a substantially gainful occupation due to the cumulative effects of his service-connected disabilities, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected mood disorder with depressive and anxious features, right shoulder tendonitis, and obesity. The decision resolves reasonable doubt in favor of the Veteran.

The Board has decided that the Veteran's service-connected tinnitus may be contributing to his obstructive sleep apnea, but more evidence is needed to determine if this relationship exists and how significant it is.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected spine and plantar fasciitis with calcaneal spur and degenerative arthritis of the right foot, based on evidence showing that OSA is caused by obesity resulting from his service-connected musculoskeletal disabilities.