Sleep apnea Board decisions

The Board has dismissed the Veteran's appeals for increased ratings and earlier effective dates in several of his claims, including those related to TBI, left shoulder, lumbosacral strain with degenerative arthritis, posttraumatic migraine headaches, and TDIU. The issues have been remanded for further examination and evaluation.

The Board has dismissed the Veteran's claim for a compensable rating for traumatic brain injury with migraine headaches and denied service connection for cervical strain, left knee strain, and left ankle deltoid ligament sprain. The remaining claims have been granted or are pending further development.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is secondary to his service-connected major depressive disorder.

The Veteran's claims for an increased rating for COPD and service connection for sleep apnea are being remanded due to the need for additional medical records and a more detailed opinion regarding the etiology of his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is at least as likely as not related to service, and thus grants service connection for OSA.

The Veteran's service-connected insomnia disorder led to weight gain, which caused him to develop GERD and obstructive sleep apnea. The Board granted service connection for both conditions as secondary to the service-connected insomnia.

The Veteran's appeal to the Board regarding the discontinuation of a separate evaluation for service-connected asthma on grounds of clear and unmistakable error (CUE) is dismissed due to a violation of claims processing rules.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his OSA was incurred during active service and resolving reasonable doubt in his favor.

The Veteran's inguinal hernia is granted a 10 percent initial rating. The claims for increased ratings of lumbosacral strain, radiculopathy of the sciatic nerve in both lower extremities, and service connection for an injury of the left thumb are remanded.

The Veteran's appeal for separate evaluations for service-connected asthma and sleep apnea was denied as the AOJ correctly discontinued the separate evaluation for asthma, given that both conditions are covered under Diagnostic Codes 6847 (sleep apnea) and 6602 (asthma), which cannot be combined.

The Veteran's migraines and OSA are granted on a secondary basis to his service-connected tinnitus, effective August 9, 2023.

The Veteran's bilateral hearing loss and sleep apnea are granted as service-connected.

The Veteran's low back disability is granted as service-connected, with an effective date of June 2, 2021.,Service connection for CAD and OSA is also granted, with an effective date of June 2, 2021.

The Veteran's claim of entitlement to service connection for sleep apnea is being remanded due to the need for a new VA medical opinion addressing whether his sleep apnea is related to service and if it was caused by or aggravated by his service-connected rhinitis.

The Board has remanded the claims for service connection for OSA, as well as denied the claims for hypertension and bilateral knee conditions due to insufficient evidence linking these conditions to active duty.

The Veteran's claim for a higher rating for his acquired psychiatric disorder is denied as the symptoms do not warrant a rating in excess of 30 percent.,The Veteran's claim for an initial compensable rating for pseudofolliculitis barbae is denied as the condition affects less than 5% of his exposed and total body area.

The Veteran's claims for service connection for sleep apnea and kidney disease have been dismissed because the Veteran passed away during the appeal process.

The Veteran's claim for a higher rating for obstructive sleep apnea is denied as the evidence does not show that he requires a breathing assistance device such as a CPAP machine to treat his condition.

The Board has granted service connection for hypertension and central sleep apnea, finding that the Veteran's conditions are related to his exposure to contaminated water at Camp Lejeune during service.

The appeal for service connection for Chronic Fatigue Syndrome (CFS) is dismissed. Service connection for Hypertension (HTN), Obstructive Sleep Apnea (OSA), and a Cardiovascular Disorder are denied. Service connection for Bullous Emphysema and Chronic Obstructive Pulmonary Disease (COPD) is granted based on the PACT Act.