Sleep apnea decisions — 2024

The Veteran's earlier effective date claims for hypertension, obstructive sleep apnea, diabetes mellitus, diabetic nephropathy, right lower extremity sciatic peripheral neuropathy, and left lower extremity sciatic peripheral neuropathy have been remanded due to the need for further action.,For hypertension, an earlier effective date is denied as it predates the Veteran's initial claim on October 1, 2022.,For obstructive sleep apnea, an earlier effective date is denied as it predates the Veteran's intent to file a claim in May 2016.,For diabetes mellitus, type II, an earlier effective date is denied as it predates the Veteran's initial claim on September 20, 2011.,For diabetic nephropathy, an earlier effective date is denied as it predates December 18, 2017 when entitlement first arose.,For right lower extremity sciatic peripheral neuropathy and left lower extremity sciatic peripheral neuropathy, earlier effective dates are remanded due to the need for further review of the evidence.

The Board has decided to remand the Veteran's claims for service connection due to pre-decisional duty to assist errors, specifically regarding incomplete military personnel and medical records.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to October 25, 2023. The Board denied the claim for TDIU as there was insufficient evidence to substantiate his unemployability by reason of service-connected disabilities.

The Veteran's claims for earlier effective dates for increased ratings of his service-connected sleep apnea disorder, lumbar spine disability, and PTSD have been denied as there was no increase in severity prior to July 7, 2020.

The Board has determined that it is at least as likely as not that the Veteran's obstructive sleep apnea (OSA) is caused and/or aggravated by his service-connected sinusitis, thus granting service connection for OSA as secondary to sinusitis.

The Veteran's right knee condition has been rated at 10 percent, and the Board is remanding this issue for further development. Additionally, earlier effective dates are being sought for TDIU and Dependents' Educational Assistance benefits.

The Board denied service connection for pneumonia and sleep apnea as there was no current diagnosis of these conditions during the appeal period.

The Veteran's OSA is rated as noncompensable prior to May 20, 2013 and as 50 percent disabling thereafter. The rating for hypertension was granted effective April 21, 2015 at a 10% level. The rating for PTSD with major depressive disorder and anxious distress remains at 70%. An effective date of January 13, 2011 is granted for TDIU, DEA benefits, and SMC.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, resolving all reasonable doubt in favor of the Veteran.

The Board denied the Veteran's appeals for service connection of lumbosacral strain and right ear hearing loss due to lack of new and relevant evidence.

The Board has dismissed the appeal for service connection of sleep apnea and bilateral hearing loss due to the appellant's withdrawal.

The Veteran's bilateral hearing loss is granted as service-connected. The claims for diabetes mellitus, hypertension, paroxysmal atrial fibrillation, and obstructive sleep apnea are remanded due to a lack of supporting documentation.

The Board has determined that the VA medical opinions obtained prior to the decision on appeal were inadequate for adjudicative purposes and remands the case for further development, including obtaining an addendum opinion addressing secondary service connection with obesity as an intermediate step.

The Veteran's claims for service connection for obstructive sleep apnea and posttraumatic stress disorder are being remanded due to the need for additional medical opinions.

The Veteran's claims for service connection for tinnitus and an oral condition manifested by an abscess and dry mouth have been remanded due to the need for further development.,Service connection for obstructive sleep apnea has also been remanded.

The Veteran's current back disability, including lumbosacral strain, sacroiliac injury, sacroiliac weakness, and bilateral radiculopathy of the sciatic nerve, is directly related to his in-service April 1988 motor vehicle accident. The Board has granted service connection for these conditions.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his PTSD caused him to become obese and that obesity is a substantial factor in causing his sleep apnea.

The Veteran's OSA is remanded for a new examination to determine if it was proximately caused by or aggravated by his service-connected asthma. The Veteran's bilateral plantar fasciitis is also remanded for an addendum opinion considering the Veteran's in-service diagnosis and complaints, as well as post-service treatment records.

The Veteran's appeals for service connection for fibromyalgia, sleep apnea, right hand disability, and low back disability have been dismissed. The claim of entitlement to service connection for a right hand disability is denied.

The Veteran's claims for service connection for various conditions, including hearing loss, ankle disorders, vertigo, tinea pedis, and sleep apnea are being remanded due to the need for further evaluation or evidence.