Sleep apnea decisions — 2026

The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.

The Board has denied service connection for the claimed conditions as there is no persuasive evidence of current diagnoses or in-service incurrence or aggravation.

The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.

The Board denied the Veteran's request for an earlier effective date for his service-connected sleep apnea, chronic fatigue syndrome, and insomnia. The decision stated that a claim for these conditions was not reasonably raised in June 2003.

The Board has denied the Veteran's claim for service connection for sleep apnea as there is no current disability of this condition.

The Veteran's appeal for an increased rating for lumbosacral strain has been withdrawn. The Board also dismissed the claims of service connection for right and left knee disorders due to lack of evidence supporting current diagnoses.

The Veteran's service-connected obstructive sleep apnea warrants a 50 percent rating for the entire appeal period, as his use of a CPAP machine is sufficient to meet this requirement.

The Board found the evidence persuasive against finding that the Veteran's lumbosacral strain with degenerative arthritis is proximately due to, the result of, or aggravated by his service-connected duodenal ulcer, pancreatitis, and cervical spondylosis with IVDS, degenerative disc disease, and stenosis. Therefore, the claim for service connection was denied.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and spinal stenosis, as well as right lower extremity radiculopathy, are being remanded due to duty-to-assist errors. The AOJ must obtain all outstanding private medical records and schedule the Veteran for a VA examination.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself clean and presentable, and manage his daily medications. The Board has granted entitlement to SMC(l).

The Veteran's obstructive sleep apnea is related to his military service and the Board has granted service connection for this condition.

The Board has granted service connection for a lumbosacral strain, degenerative arthritis, lumbar retrolisthesis, a vertebral fracture, and DDD (back disability), as well as right and left lower extremity radiculopathy secondary to the back disability. The decision is based on evidence showing an in-service fall causing a back injury that led to current diagnoses.

The Veteran's appeal for service connection for sleep apnea has been dismissed as the Veteran withdrew his appeal prior to a decision being made.

The Veteran's lumbosacral strain and cervical strain with spondylosis have been granted service connection as they are found to be related to his active duty service.,Tinnitus has also been granted service connection, attributed to in-service exposure to hazardous noise.

The Veteran withdrew his appeals for all issues related to posttraumatic headache, insomnia, left ankle condition, lumbosacral strain (lower back), and chest pain. The appeal was dismissed as the Veteran requested withdrawal of these claims.

The Board has remanded several claims for further action, including effective date determinations and service connection determinations. The Veteran's service records from Portsmouth Naval Hospital are requested to be obtained.

The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.

The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as the positive and negative evidence is in approximate balance, with all reasonable doubt resolved in favor of the Veteran.

The Veteran's claim for an earlier effective date for the award of service connection for obstructive sleep apnea is denied.,The Veteran's claim for a higher initial rating for obstructive sleep apnea remains pending and will be remanded.