Sleep apnea Board decisions

The Veteran's appeals for service connection for sleep apnea and erectile dysfunction have been dismissed by the Veteran's attorney.

The Board dismissed the issues of entitlement to an increased evaluation for GERD and service connection for insomnia, as the Veteran had a concurrent Higher-Level Review (HLR) request pending. The Board remanded the claims for service connection for obstructive sleep apnea and rhinitis.

The Board granted an initial rating of 20 percent for left and right lower extremity radiculopathy, but remanded other claims related to obstructive sleep apnea, bladder condition, left knee disability, degenerative disc disease, bilateral hearing loss, and right shoulder disability.

The Board denied the Veteran's claim for an earlier effective date prior to August 1, 2009, for service connection for obstructive sleep apnea.

The Veteran's service-connected anxiety disorder mixed with depression was granted a 70 percent rating from July 23, 2022.

The Board denied the Veteran's claim for an initial disability rating in excess of 50 percent for his service-connected sleep apnea, as there was no evidence of chronic respiratory failure or cor pulmonale, and the use of a CPAP machine did not meet the criteria for a higher rating.

The Board found that the reduction of the rating for service-connected painful left foot scar from 10 percent to 0 percent, effective July 19, 2023, was not proper and is void ab initio.

The Veteran is granted special monthly compensation (SMC) at the 38 U.S.C. � 1114(l 1/2) rate pursuant to 38 U.S.C. � 1114(p), subject to any statutory or regulatory cap.

The Board denied earlier effective dates for the 20 percent evaluation of intervertebral disc syndrome and lumbosacral strain, as well as service connection for left and right lower extremity radiculopathy.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected right and left knee and ankle conditions.

The Board granted service connection for left knee, right knee, lumbosacral strain, and right hand scars, but denied service connection for bilateral hearing loss, sinusitis, urticaria, allergic rhinitis, tension headaches, shoulder bursitis, foot plantar fasciitis, ankle tendonitis, thumb strain, and PTSD with unspecified depressive disorder. The Board also remanded claims for fatigue, CFS, sleep apnea, and amputated left little finger.

The Board granted a 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limited flexion and restored the 30 percent rating for the Veteran's stress fracture, mid-distal femur, right leg with limitation of abduction and rotation. The other claims were denied.

The Board granted a 70 percent rating for PTSD and denied higher ratings or service connection for other conditions.

The Board denied the veteran's claims for a higher rating for lumbosacral degenerative arthritis, a compensable rating for bilateral hearing loss, and service connection for hypertension.

The Board denied service connection for an acquired psychiatric disorder and hypertension, but granted service connection for lumbosacral strain with intervertebral disc disease (IVDS).

The Veteran's appeal requests for the specified rating decisions were denied as they were not timely filed, and good cause was not shown to accept late filings.

The Board granted service connection for sleep apnea and an initial rating of 70 percent for other specified trauma and stressor related disorder, but denied service connection for tremors.

The Board denied an initial disability rating in excess of 20 percent for service-connected lumbosacral degenerative disc disease and granted a separate 10 percent disability rating for right lower extremity radiculopathy associated with the same condition.

The Board denied the veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of in-service incurrence or aggravation and no causal relationship between the current condition and service.

The Board granted service connection for obstructive sleep apnea, finding that the Veteran's obesity, caused by his service-connected PTSD, was a substantial factor in causing the sleep apnea.