Sleep apnea decisions — 2024

The Board has denied the Veteran's claim for service connection for OSA as it was not caused or aggravated by his service-connected acquired psychiatric disorder, including PTSD, with alcohol use disorder, MDD.

The Veteran's OSA is granted as secondary to his service-connected PTSD. The GERD claim is remanded for further evaluation.

The Veteran's acquired psychiatric disorder is granted from October 21, 2020. The Veteran does not have a current diagnosis of sleep apnea or any other sleep-related disability.

The Veteran's Obstructive Sleep Apnea (OSA) is found to be secondary to his service-connected Persistent Depressive Disorder, and thus service connection for OSA has been granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for an addendum medical opinion.

The Veteran's appeals for a rating in excess of 20 percent for lumbosacral strain, TDIU prior to March 8, 2021, and earlier effective date for DEA have been dismissed due to the appeal being in a different AMA stream.

The Veteran's service-connected disabilities, including PTSD, OSA, and peripheral neuropathies, prevented him from securing and maintaining substantially gainful employment as of January 5, 2015. The Board grants TDIU effective that date.

The Veteran's service-connected disabilities render her in need of the regular aid and attendance of another person, with all reasonable doubt resolved in her favor.

The Veteran's back disability was not productive of unfavorable ankylosis or bed rest, and the reduction from 40% to 20% is granted.,The reduction from 40% to 20% for radiculopathy in both lower extremities is granted. The Veteran's symptoms most nearly approximated moderate incomplete paralysis of the sciatic nerve throughout the period on appeal.

The Board denied the Veteran's request for an extension of a temporary total rating beyond May 1, 2019 due to lumbar spine surgery. The evidence did not support extending the convalescence period longer than already warranted.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's use of opioid medications prescribed for his service-connected disabilities.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination to determine if the Veteran's sleep apnea is related to service-connected disabilities.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of May 17, 2019.,Basic eligibility for Dependents' Educational Assistance (DEA) benefits was also granted as the Veteran now has a combined rating of 100% due to his service-connected disability.

The Veteran's claims for service connection have been dismissed as the evidence does not support a finding of in-service onset or continuity of symptoms for any of the claimed conditions.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active-duty service and granted service connection for this condition.

The Board has remanded the cases for a referral to the Director, Compensation Service, for extraschedular consideration of TDIU and SMC due to service-connected disabilities.

The Board has dismissed all issues of service connection and increased ratings, as the Veteran withdrew his appeals for these claims during a hearing. The Veteran was granted TDIU.

The Veteran withdrew his claims for service connection for a disorder characterized by abnormal weight/gain, brain damage, chronic fatigue syndrome, chronic muscle and joint pain, diabetes mellitus type II, irritable bowel syndrome, left rotator cuff tear, loss of smell, loss of taste, other specified depressive disorder, skin disorder, umbilical hernia, sleep apnea, and gastroesophageal reflux disease.

The Veteran's claims for increased ratings for migraines, obstructive sleep apnea, GERD, and right knee scars were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.,Specifically, the VA examination reports showed that the Veteran's migraines did not result in very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, his obstructive sleep apnea did not require use of a CPAP machine, his GERD did not meet the criteria for 30 percent or higher ratings under either DC 7203 or DC 7206, and his right knee scars were not deep or nonlinear enough to warrant a compensable rating.