Sleep apnea decisions — 2024

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea was denied as there were no prior claims or informal claims indicating intent to apply for benefits before April 16, 2017.

The Board has decided to remand the case due to a failure to provide adequate medical opinions and a pre-decisional duty to assist error. The Veteran's OSA is related to service, but whether it was caused or aggravated by his service-connected PTSD or tinnitus needs further clarification.

The Board has determined that a remand is necessary to address the Veteran's claim for service connection for sleep apnea, as it relates to his service-connected tinnitus. The current medical opinions are deemed inadequate and further examination may be required.

The Board has granted service connection for obstructive sleep apnea secondary to posttraumatic stress disorder, finding that the Veteran's OSA is at least as likely as not due to his PTSD.

The Veteran's claims for service connection for obstructive sleep apnea, chronic left hip strain with limitation of flexion and osteoarthritis, chronic left hip strain with limitation of extension and osteoarthritis, and chronic left hip strain with thigh impairment and osteoarthritis have been granted effective October 30, 2020. The Board has also remanded the increased evaluation claims for these conditions.

The Veteran's service connection claims for bilateral pes planus, plantar fasciitis, cervical strain, lumbosacral strain, left and right lower extremity radiculopathy, left and right hip strains, left and right knee conditions, and tinnitus have been granted. The Veteran is also assigned a 10 percent rating for each of the affected limbs.

The Veteran's service-connected disabilities render him so helpless as to require the regular aid and attendance of another person, warranting special monthly compensation based on aid and attendance (SMC) at rate SMC(l).

The Board has denied service connection for chronic fatigue syndrome and remanded the sleep apnea claim due to insufficient evidence.

The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to determine if any lumbar spine disorder, including lumbosacral strain, is related to military service.

The Board has remanded the case due to a duty to assist error regarding whether the Veteran's sleep apnea is aggravated by his service-connected tinnitus. The VA examiner found that the Veteran's obesity was more likely the cause of his OSA, and the private medical opinions did not adequately address the aggravation claim.

The Board has found new and relevant evidence that raises a reasonable possibility of substantiating the claim of service connection for OSA. The case is being remanded to obtain an opinion regarding whether the Veteran's OSA is related to his military service.

The Veteran's OSA with asthma is rated at 50 percent, and his GERD, hiatal hernia, Barrett's disease, duodenitis, cirrhosis of the liver, and diverticulosis are remanded for further evaluation.

The Veteran's service-connected left knee degenerative arthritis caused his obesity, which was a substantial factor in causing his obstructive sleep apnea. The claim for a compensable disability rating for hemorrhoids is denied.

The Board has remanded the Veteran's claims for service connection due to pre-decisional duty-to-assist errors, specifically regarding the dates of active duty and inactive duty training.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea and hypopnea, finding that there is no evidence of in-service onset or association with a service-connected disability.

The Board has granted service connection for obstructive sleep apnea, finding an approximate balance of positive and negative evidence regarding the causal relationship between the condition and the Veteran's service.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain was denied as the disability did not meet the criteria for a higher rating based on limitation of motion. The Board found that the Veteran's lumbar spine disability, despite complaints of pain and difficulty with activities, did not warrant an evaluation in excess of 10 percent.

The Board has determined that additional evidence is needed from the Veteran to support his claims for service connection and effective date determinations. The claims are being remanded to allow VA to obtain relevant medical records.

The Veteran's service-connected unspecified anxiety disorder caused him to become obese, which was a substantial factor in causing his obstructive sleep apnea. Without the obesity, the sleep apnea would not have occurred.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it had its onset during his active duty and is therefore incurred in service.