Sleep apnea Board decisions

The Board granted service connection for an acquired psychiatric disorder, to include major depressive disorder and generalized anxiety disorder, as well as obstructive sleep apnea (OSA) secondary to a service-connected depression disability.

The Board denied the appeal, affirming the severance of service connection for various conditions due to clear and unmistakable errors in the prior decision.

The appellant, the Veteran's representative, is eligible for direct payment of attorney fees from past due benefits awarded in a March 2024 rating decision granting service connection for obstructive sleep apnea.

The Board denied an initial compensable disability rating for migraine headaches and remanded several other claims, including those for service connection for various conditions.

The Board restored the 100 percent rating for obstructive sleep apnea, finding that the reduction was improper. The lumbosacral strain claim is remanded for further development.

The Board denied an initial compensable rating for bilateral hearing loss and remanded the claims for service connection for sleep apnea and valvular heart disease, as they require further development due to toxic exposure risk activities (TERA) during military service.

The Board granted service connection for multiple disabilities, including right and left knee, back, right and left lower extremity nerve, PTSD (now claimed as depression), gout, and obstructive sleep apnea, all secondary to the Veteran's service-connected back disability.

The Board granted service connection for obstructive sleep apnea, secondary to diabetes mellitus type 2 and diabetic neuropathy of the lower extremities.

The Board remands the claims for service connection and increased evaluation of various conditions due to a request for information regarding the competence of the VA examiners who provided expert medical opinions.

The Veteran's service-connected disabilities, including arteriosclerotic heart disease and PTSD, preclude him from securing or maintaining substantially gainful employment.

The Board granted service connection for major depressive disorder as secondary to the Veteran's service-connected seizure disorder and denied service connection for chronic fatigue syndrome. The appeal regarding sleep apnea was remanded.

The Board remands the claim for service connection of obstructive sleep apnea to obtain a new VA examination that adequately addresses the Veteran's lay statements and potential asbestos exposure.

The Board granted attorney fees for service connection of OSA and ED, and SMC based on loss of use of a creative organ, but denied fees for an increased rating for psychiatric disorder and other PN conditions.

The Board granted service connection for obstructive sleep apnea, finding that the Veteran's obesity, which was an intermediate step between his service-connected bilateral lower extremity radiculopathy and OSA, caused the current disability.

The Board denied increased ratings for PTSD, headaches, left knee MCL strain with limitation of flexion, and left knee MCL strain with bracing post-surgery, but granted service connection for CFS, left leg RLS, and a 10 percent rating for scar, left lower extremity knee. The effective date for the 70 percent rating for PTSD and the 30 percent ratings for headaches, OSA, and scar, left lower extremity knee were also granted from April 26, 2013.

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected disabilities, resolving reasonable doubt in favor of the Veteran.

The Board granted a 40% rating for lumbosacral strain with degenerative arthritis and spinal stenosis, but denied an initial compensable rating for bilateral hearing loss.

The Board remands the claim to address a clear and unmistakable error in the September 2022 rating decision that did not adjudicate service connection for obstructive sleep apnea.

The Board denied a rating in excess of 10 percent for Osgood Schlatter disease left knee and denied service connection for posttraumatic stress disorder (PTSD), but granted service connection for obstructive sleep apnea.

The Board denied a higher initial rating for PTSD with persistent depressive disorder, with intermittent major depressive episodes, with current episode, with anxious distress and ADHD, finding the severity of symptoms did not more closely approximate total occupational and social impairment.