Sleep apnea decisions — 2024

The Board has decided to remand the Veteran's claims for tinnitus, cervical degenerative joint disease with right arm neuropathy, and lumbosacral strain due to inadequate VA examination opinions. The claims will be reconsidered by the AOJ after obtaining new medical opinions.

The Board has decided to remand the case due to a duty to assist error in the previous decision, and requires additional opinions on the etiology of the Veteran's sleep apnea.

The Veteran's service-connected disabilities have rendered him wheelchair bound and in need of nursing home care, regular aid and attendance to prepare his meals, assist with bathing and hygiene needs, and manage medication. The Board has granted special monthly compensation based on the need for regular aid and attendance but dismissed the claim for special monthly compensation at the housebound rate as moot.

The Board has decided that the Veteran's sleep apnea is related to his service-connected disabilities and remands for further examination to address whether obesity, which may be caused or aggravated by a service-connected disability, played a role in causing or aggravating his sleep apnea.

The Veteran's PTSD is rated at 100 percent, effective from August 30, 2021 to October 31, 2021. The Veteran's lumbosacral strain with degenerative arthritis (claimed as low back condition) is remanded for further evaluation.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's OSA is related to his service-connected PTSD, and therefore grants service connection for OSA secondary to PTSD.

The Board has decided to remand the case due to errors in providing a medical opinion regarding the Veteran's sleep apnea and its relation to service, as well as an examination consistent with the PACT Act.

The Board has granted service connection for sleep apnea, finding that the Veteran's obesity, caused by his service-connected right knee disability, is a substantial factor in causing his current condition. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has denied service connection for left shoulder condition and right shoulder condition. The claim of entitlement to service connection for sleep apnea is remanded due to a pre-decisional duty to assist error.

The Veteran's left shoulder strain is rated at 30 percent effective August 22, 2022.,The Veteran's lumbosacral strain is rated at 20 percent effective August 22, 2022.

The Veteran's lumbosacral strain was granted an increased rating to 20 percent prior to January 11, 2021. The claim for SMC based on need for aid and attendance remains under development.

The Board denied service connection for right knee, left knee, and lumbosacral spine disorders due to a lack of evidence linking these conditions to service or the applicable presumptive periods.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected left wrist condition and fracture residuals left metacarpal, finding that all doubts are resolved in favor of the Veteran.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of November 16, 2017. This decision is based on new and relevant evidence received in January 2019.

The Veteran's claim for an initial rating greater than 50 percent for obstructive sleep apnea was denied, and the appeal for an earlier effective date for service connection was also denied.

The Veteran's PTSD, allergic rhinitis, lumbosacral strain with degenerative arthritis and herniated disc at L4-L5, left lower extremity sciatic radiculopathy, bilateral fallen arches, neurological condition of other systems, and bilateral hearing loss are all service-connected. However, a rating in excess of 30 percent for PTSD is denied.

The Board denied service connection for OSA as it did not find a link between the Veteran's current condition and his service-connected PTSD, or any other service event.

The Board has decided to remand the claims for service connection for obstructive sleep apnea and related issues due to a duty-to-assist error. The Veteran's in-service complaint of frequent trouble sleeping will be reconsidered, and additional medical records from Clinica Family Health will be obtained.

The Board has granted service connection for various conditions and assigned ratings effective February 12, 2014. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the April 2020 rating decision.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected diabetes mellitus type II, and therefore grants service connection for this condition.