Sleep apnea Board decisions

The Veteran's claim for a higher rating for his back disability and RLE radiculopathy was denied. The Board found that the evidence did not support a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal for service connection of sleep apnea was dismissed because the VA Form 10182, which sought a Board review, was submitted concurrently with another request for higher-level review.

The Veteran's tinnitus is granted as service-connected due to a finding of in-service noise exposure and subsequent development of the condition.,There is no persuasive evidence linking the Veteran's bilateral glaucoma to his active military service. The Board finds that the current diagnosis does not meet the criteria for service connection.,The Veteran's obstructive sleep apnea was not diagnosed during or within one year after his active military service, and there is no persuasive evidence linking it to service.,There is insufficient evidence to establish a link between the Veteran's headaches and his service. The Board finds that the current diagnosis does not meet the criteria for service connection.,The Veteran has diabetes but there is no persuasive evidence linking its onset or development to his active military service.

The Veteran's claim for an earlier effective date for the rating increase to 100 percent for PTSD is denied due to a lack of evidence demonstrating total occupational and social impairment during the year prior to September 24, 2020.,The claims for service connection for hypertension, OSA, erectile dysfunction, and tinnitus are remanded as insufficient development was performed.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his active service, and thus grants service connection for this condition.

The Board has granted service connection for chronic diarrhea and acute gastroenteritis, as well as lumbosacral strain. The Veteran's symptoms have been present since his military service.

The Board has determined that the Veteran's claimed disabilities, including bilateral hearing loss, tinnitus, ankle and knee disabilities, low back disability, anxiety/depression, insomnia, sleep apnea, and headaches, did not begin during or are otherwise related to service. As such, these claims for service connection have been denied.

The Veteran withdrew his appeal for reopening a service connection claim for sleep apnea on the basis of new and relevant evidence.

The Veteran's right little finger limitation of motion and DIP joint ankylosis is currently rated as noncompensable.,The Veteran's lumbosacral strain is currently rated at 20 percent.

The July 2020 rating decision granted a TDIU, but did not result in any past-due benefits. The appeal is denied as the Appellant's services were provided before the date on which the Veteran was notified of the initial decision.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of OSA during active duty and that obesity is not a disease or disability for VA purposes. The Board also found that the current OSA did not result from his service-connected disabilities.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and erectile dysfunction as secondary to his service-connected major depressive disorder.,The Board also denied the Veteran's claim for service connection for fatigue due to obstructive sleep apnea, finding that it is less likely than not related to active service.

The Board denied service connection for obstructive sleep apnea (OSA) as there is no evidence of the condition during the appeal period.

The Board has decided that the Veteran's Obstructive Sleep Apnea (OSA) is remanded for further review due to a lack of an addendum addressing whether his service-connected Generalized Anxiety Disorder caused or contributed to obesity, which may be a substantial factor in causing OSA.

The Board has granted service connection for tinnitus. The remaining issues of service connection for left knee pain, right knee pain, sleep apnea, foot pain, lack of sleep, and back pain are remanded due to the Veteran's inability to attend scheduled VA examinations during the week.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to a pre-decisional error in failing to schedule a VA examination before deciding the claim. A VA examination is required on remand to determine if the Veteran's obstructive sleep apnea had onset during active duty and is etiologically related to his military service.

The Board has granted service connection for bilateral foot disability, gastroesophageal reflux disease (GERD), and obstructive sleep apnea based on aggravation of pre-existing conditions during active duty service.

The Board has granted an earlier effective date of November 5, 2012 for the award of a total disability rating based on individual unemployability (TDIU). The Veteran was found to be precluded from gainful employment due to service-connected disabilities starting from that date.

The Veteran's claim of entitlement to service connection for sleep apnea was improperly docketed while the Veteran's request for Higher-Level Review was pending, resulting in an impermissible concurrent election. As such, the appeal is dismissed.

The Board has determined that the evidence is inadequate to make a determination on the Veteran's claim for service connection for sleep apnea, and thus remands the case for further development.