Sleep apnea decisions — 2024

The Board has determined that the Veteran's lumbosacral spine disability is related to his service, and thus grants service connection for this condition.

The Board has remanded the claims for service connection due to a duty to assist error, and will consider each issue individually.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a medical opinion regarding whether her sleep apnea is related to active service or secondary to her service-connected PTSD.

The Board has determined that there was a pre-decisional duty to assist error in failing to obtain an adequate medical opinion regarding the cause and aggravation of the Veteran's obstructive sleep apnea by medications prescribed for his service-connected conditions. The case is therefore being remanded for further review.

The Veteran's service connection for sleep apnea as secondary to his service-connected PTSD is granted. The claims for hypertension and lumbar spine disability are remanded.

The Board has remanded the claims for service connection due to inadequate VA examination and duty-to-assist errors. The Veteran's PTSD, cervical spine degenerative disc disease, lumbosacral strain, migraine headaches, and bilateral shin splints are all under review.

The Veteran's claim for SMC based on housebound status beyond September 1, 2019 was denied as she no longer met the criteria for this benefit after that date.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea (OSA) as secondary to his service-connected orthopedic conditions, including left shoulder and cervical disabilities. The decision is based on new evidence that supports a relationship between the Veteran's OSA condition and his service-connected orthopedic conditions.

The Veteran's claims for service connection for hearing loss, sleep apnea, traumatic brain injury, vertigo, low back disability, left ankle and right ankle disabilities, left arm and right arm disabilities, left elbow and right elbow disabilities, left foot and right foot disabilities, left hand little finger, right hand little finger, left hand index finger, right hand index finger, left hand long finger, right hand long finger, left hand ring finger, right hand ring finger, left hand thumb, right hand thumb, left knee, right knee, left lower extremity neuropathy, and right lower extremity neuropathy have been remanded due to insufficient evidence.,The Veteran's claims for service connection for left upper extremity cold exposure, right upper extremity cold exposure, left wrist disability, and right wrist disability have also been remanded.

The Veteran's claim for service connection for sleep apnea and initial rating for esophageal stricture was granted. The effective date for the grant of service connection for sleep apnea is set at July 22, 2011. An initial rating of 30 percent for esophageal stricture is assigned.

The Board has determined that the Veteran's service connection claim for sleep apnea should be remanded due to a duty to assist error and because of the reasonable possibility that addressing secondary service connection could aid in substantiating his claim.

The Veteran's claim for a higher rating for his back disability and RLE radiculopathy was denied. The Board found that the evidence did not support a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal for service connection of sleep apnea was dismissed because the VA Form 10182, which sought a Board review, was submitted concurrently with another request for higher-level review.

The Veteran's tinnitus is granted as service-connected due to a finding of in-service noise exposure and subsequent development of the condition.,There is no persuasive evidence linking the Veteran's bilateral glaucoma to his active military service. The Board finds that the current diagnosis does not meet the criteria for service connection.,The Veteran's obstructive sleep apnea was not diagnosed during or within one year after his active military service, and there is no persuasive evidence linking it to service.,There is insufficient evidence to establish a link between the Veteran's headaches and his service. The Board finds that the current diagnosis does not meet the criteria for service connection.,The Veteran has diabetes but there is no persuasive evidence linking its onset or development to his active military service.

The Veteran's claim for an earlier effective date for the rating increase to 100 percent for PTSD is denied due to a lack of evidence demonstrating total occupational and social impairment during the year prior to September 24, 2020.,The claims for service connection for hypertension, OSA, erectile dysfunction, and tinnitus are remanded as insufficient development was performed.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his active service, and thus grants service connection for this condition.

The Board has granted service connection for chronic diarrhea and acute gastroenteritis, as well as lumbosacral strain. The Veteran's symptoms have been present since his military service.

The Board has determined that the Veteran's claimed disabilities, including bilateral hearing loss, tinnitus, ankle and knee disabilities, low back disability, anxiety/depression, insomnia, sleep apnea, and headaches, did not begin during or are otherwise related to service. As such, these claims for service connection have been denied.

The Veteran withdrew his appeal for reopening a service connection claim for sleep apnea on the basis of new and relevant evidence.

The Veteran's right little finger limitation of motion and DIP joint ankylosis is currently rated as noncompensable.,The Veteran's lumbosacral strain is currently rated at 20 percent.