Sleep apnea Board decisions

The Board remands the claims for a rating in excess of 10 percent for left knee disability, a rating in excess of 10 percent prior to March 4, 2021, and in excess of 20 percent thereafter for lumbar spine disability, an initial compensable rating for right knee limitation of flexion, an initial compensable rating for left knee limitation of flexion, effective dates prior to March 4, 2021, for separate ratings for left and right knee limitations of flexion, and a total disability based on individual unemployability (TDIU) due to duty to assist errors.

The Board denied service connection for obesity and remanded the claim for service connection for obstructive sleep apnea (OSA) as secondary to service-connected disabilities.

The Veteran withdrew the appeal for service connection of sleep apnea, and the Board dismissed the case.

The appeal regarding entitlement to service connection for various conditions was dismissed due to an improper concurrent election of review options.

The Board denied service connection for gastroesophageal reflux disease, left foot condition, right foot condition, right elbow condition, sleep apnea, and migraines, to include as secondary to tinnitus. The Veteran is also denied a rating in excess of 10 percent for tinnitus.

The Board granted service connection for obstructive sleep apnea, finding that it was caused by the Veteran's service-connected depressive disorder.

The Board granted increased ratings for the Veteran's lumbosacral strain and left ankle lateral collateral ligament sprain/left ankle deltoid ligament sprain, effective February 3, 2022.

The Board remands the claim for service connection for sleep apnea secondary to service-connected hypothyroidism for further development and readjudication.

The Board denied the Veteran's claims for a higher rating for sleep apnea and entitlement to a total disability rating based upon individual unemployability (TDIU) as there was no evidence of chronic respiratory failure with carbon dioxide retention, cor pulmonale, or tracheostomy, and his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Board denied the veteran's claims for higher initial ratings and a compensable rating for various service-connected conditions, as well as remanded the claim for TDIU.

The Board denied service connection for obstructive sleep apnea, bilateral hearing loss, and various other disabilities due to the lack of evidence supporting a current diagnosis or a link to active duty.

The Board remands the claim for an addendum VA medical opinion to determine the nature and etiology of the Veteran's obstructive sleep apnea, including its potential links to his service-connected disabilities.

The Board granted service connection for lumbosacral strain and an earlier effective date of June 18, 2018, for the grant of service connection for a right hip disability to include limitation of flexion, extension, and abduction. The claims for increased ratings were denied.

The Board denied earlier effective dates for the grants of service connection for PTSD, tinnitus, and obstructive sleep apnea.

The Board granted service connection for the cause of the Veteran's death due to glioblastoma, a type of brain cancer, under the PACT Act and remanded several other claims related to various disabilities.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that the evidence of record does not support a link between the condition and his military service.

The Board granted a maximum 50 percent rating for migraines and migraine variants, and a 40 percent rating for lumbosacral strain, effective September 25, 2021.

The Board granted a restoration of a 20 percent evaluation for the Veteran's service-connected lumbosacral strain, effective April 11, 2022, and also granted an increased rating to 40 percent from September 17, 2020.

The Board remands the claim for service connection of obstructive sleep apnea due to a pre-decisional duty to assist error, requiring a new VA examination that addresses the Veteran's lay statements and potential other theories of service connection.

The Board remands the claims for service connection for a recurrent gastrointestinal disability and a recurrent sleep disability due to pre-decisional errors in verifying the Veteran's service dates and obtaining complete service records.