Sleep apnea decisions — 2024

The July 2020 rating decision granted a TDIU, but did not result in any past-due benefits. The appeal is denied as the Appellant's services were provided before the date on which the Veteran was notified of the initial decision.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of OSA during active duty and that obesity is not a disease or disability for VA purposes. The Board also found that the current OSA did not result from his service-connected disabilities.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and erectile dysfunction as secondary to his service-connected major depressive disorder.,The Board also denied the Veteran's claim for service connection for fatigue due to obstructive sleep apnea, finding that it is less likely than not related to active service.

The Board denied service connection for obstructive sleep apnea (OSA) as there is no evidence of the condition during the appeal period.

The Board has decided that the Veteran's Obstructive Sleep Apnea (OSA) is remanded for further review due to a lack of an addendum addressing whether his service-connected Generalized Anxiety Disorder caused or contributed to obesity, which may be a substantial factor in causing OSA.

The Board has granted service connection for tinnitus. The remaining issues of service connection for left knee pain, right knee pain, sleep apnea, foot pain, lack of sleep, and back pain are remanded due to the Veteran's inability to attend scheduled VA examinations during the week.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to a pre-decisional error in failing to schedule a VA examination before deciding the claim. A VA examination is required on remand to determine if the Veteran's obstructive sleep apnea had onset during active duty and is etiologically related to his military service.

The Board has granted service connection for bilateral foot disability, gastroesophageal reflux disease (GERD), and obstructive sleep apnea based on aggravation of pre-existing conditions during active duty service.

The Board has granted an earlier effective date of November 5, 2012 for the award of a total disability rating based on individual unemployability (TDIU). The Veteran was found to be precluded from gainful employment due to service-connected disabilities starting from that date.

The Veteran's claim of entitlement to service connection for sleep apnea was improperly docketed while the Veteran's request for Higher-Level Review was pending, resulting in an impermissible concurrent election. As such, the appeal is dismissed.

The Board has determined that the evidence is inadequate to make a determination on the Veteran's claim for service connection for sleep apnea, and thus remands the case for further development.

The Board has decided to remand the case due to insufficient consideration of the Veteran's complete service treatment records and private sleep study records, as well as his assertions regarding the onset of his obstructive sleep apnea. The claim will be returned for further development.

Service connection for PTSD, persistent depressive disorder, and unspecified anxiety disorder is granted. Service connection for lower back condition and OSA are denied. The Veteran's claim for TDIU remains pending.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the Veteran's contention that his obesity is an intermediary step in causing his obstructive sleep apnea.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional medical examination.

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 Veteran's appeals for various conditions have been dismissed as he has withdrawn his appeal.

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 the Veteran's obstructive sleep apnea is related to his service-connected allergic rhinitis and grants service connection for this condition.

The Board has granted service connection for hypertension on a presumptive basis due to herbicide exposure. The issue of service connection for sleep apnea remains remanded as there were insufficient medical opinions provided.