Sleep apnea Board decisions

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain is granted, with the effective date set at May 29, 2020. The Board found that the representative resubmitted the application on March 10, 2020 and resolved all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to inadequate examination findings and a need for further evaluation of the Veteran's lumbosacral strain.

The Board has determined that additional development is needed to address the service connection claim for obstructive sleep apnea (OSA), including whether it is related to service-connected disabilities such as PTSD and tinnitus. The case is being remanded.

The Board has granted service connection for obstructive sleep apnea but has remanded the claim of neck strain due to a duty-to-assist error.

The Board has granted service connection for a heart disability, SDB and OSA, and headaches due to their being proximately due to the Veteran's service-connected PTSD. The claims are based on secondary service connection.

The Board denied the Veteran's claims for earlier effective dates and initial ratings, finding that there was no basis to grant these requests based on the evidence of record. The Veteran's sleep apnea disability was granted service connection with an effective date of March 18, 2016, which is not earlier than this date. Initial rating claims for headaches and TBI residuals were denied as they are already at their maximum schedular ratings. Ratings for medial tibial stress syndrome in the lower extremities prior to November 6, 2020, were granted.

The Veteran's service-connected type II diabetes mellitus is granted a disability rating of 40 percent, effective from the date of the decision. The Veteran's sleep apnea is also granted as service connected.

The Board has dismissed the claims of service connection for diabetes mellitus, Type II, hypertension (HTN), panic disorder without agoraphobia, and obstructive sleep apnea (OSA) due to procedural errors in how they were docketed under the Appeals Modernization Act.

The Veteran's appeal of the denial of service connection for sleep apnea syndrome was dismissed because the VA Form 10182, Notice of Disagreement, was not timely filed.

The Veteran's PTSD has been granted a rating of 70 percent, effective from the date of the decision.,Service connection for sleep apnea is granted and rated at 100 percent.

The Board has granted an effective date of September 25, 2019 for the grant of service connection for obstructive sleep apnea and benign prostatic hyperplasia with bladder outlet obstruction. The Veteran's claims were previously denied in June 2004 and August 2013, but he continuously pursued his claims after submitting an intent to file on September 25, 2019.

The Board has decided to remand the Veteran's claims for service connection for hypertension and sleep apnea due to a pre-decisional duty to assist error. The Veteran will need to undergo VA examinations to determine if his conditions are related to service, including potential exposure to toxic substances during his military service.

The Board has granted service connection for sleep apnea but denied service connection for bilateral hearing loss.

The Board has granted the Veteran's claim of service connection for obstructive sleep apnea, finding that it is secondary to his service-connected right ankle tendonitis and right knee strain.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision resolves any reasonable doubt in favor of the Veteran.

The Board has granted service connection for lumbosacral strain with degenerative arthritis, osteoarthritis of the left hip, and osteoarthritis of the right hip as secondary to service-connected bilateral knee disabilities. Service connection for carpal tunnel syndrome of the right wrist is also granted.

The Board has dismissed the appeal for service connection on all claimed conditions due to the appellant's death.

The Board has determined that the Veteran's obstructive sleep apnea is proximately related to his service-connected PTSD and grants entitlement to service connection for OSA. The issues of separate ratings for PTSD and TBI, as well as a rating in excess of 50 percent for combined PTSD and TBI are remanded.

Your claim for service connection for sleep apnea has been resolved, and you are now receiving benefits. The appeal is dismissed as the issue was fully addressed in a previous rating decision.

The Veteran withdrew her appeal regarding sleep apnea, and the Board has dismissed it.