Sleep apnea Board decisions

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation from May 12, 2021 to May 11, 2022.

The Board has granted an earlier effective date of December 22, 2004 for the award of service connection for migraines (claimed as constant headaches). The Veteran's claim was reopened due to new and material evidence received within a year of the initial denial in December 2004.

The Board has denied the Veteran's claims for service connection for lower back condition and left knee condition, finding that there is no evidence of an in-service injury or disease related to these conditions.,Service connection was not granted as the Veteran did not have a current disability at the time of separation from service, nor could it be presumed due to continuity of symptomatology.

The appeal of the proposed reduction in the disability rating for service-connected lumbar degenerative disc disease with intervertebral disc syndrome is dismissed. The Veteran's entitlement to a disability rating in excess of 50 percent for his service-connected obstructive sleep apnea with bronchitis is denied.

The Board has granted service connection for headaches and awarded a separate rating from the existing ratings for chronic fatigue syndrome and sleep apnea.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected generalized anxiety disorder caused her obesity, which was a substantial factor in developing her obstructive sleep apnea.

The Veteran's OSA is currently rated at 50 percent, the highest rating available under the applicable criteria. The Board found no evidence of chronic respiratory failure with carbon dioxide retention or cor pulmonale, which are required for a higher rating.

The Veteran's claim for an increased evaluation of his service connected lumbosacral strain with spondylolisthesis was denied. The rating decision on appeal awarded a 40 percent disability rating under DC 5237, and the Veteran seeks a higher rating.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to service or environmental exposure in Southwest Asia. The Veteran will be afforded a VA examination to determine this.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities from November 9, 2015. The Board granted an effective date of November 9, 2015 for the TDIU award.

The Board has denied service connection for OSA and granted a 70 percent initial rating for unspecified depressive disorder with alcohol use disorder. The decision found that the Veteran did not have OSA at the time of the December 2019 rating decision, but her psychiatric disability caused deficiencies in most areas of her life.

The Veteran's service connection claim for obstructive sleep apnea is granted, and a 10 percent rating on and prior to April 15, 2020, for chronic sinusitis is also granted.

The Board has dismissed the appeals for service connection of PTSD, an acquired psychiatric disorder other than PTSD (including depression, anxiety, and adjustment disorder), and sleep apnea due to the Veteran's withdrawal of his appeal.

The Veteran's appeal has been dismissed as he withdrew his appeals for sleep apnea, a compensable rating for headaches, and a rating in excess of 70 percent for PTSD with alcohol abuse and TBI.

The Board has granted service connection for OSA and asthma with COPD prior to August 9, 2023. The issue of service connection for GERD is remanded.

The Board has determined that the Veteran's Obstructive Sleep Apnea is related to his service-connected asthma and grants service connection for this condition.

New and relevant evidence has been submitted for the claims of service connection for tinnitus, right carpal tunnel syndrome, left carpal tunnel syndrome, and obstructive sleep apnea. The Veteran's tinnitus is granted as due to in-service noise exposure.,The claims for service connection for right and left hand carpal tunnel syndrome are remanded due to a lack of a VA examination.

The Veteran's low back disability and associated radiculopathy have been consistently rated at 40 percent, which is the maximum rating available under the applicable criteria. The Board denied his request for a higher rating.

The Board has decided to remand the case due to an inadequate opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD. The VA must provide a new medical opinion addressing both causation and aggravation.