Sleep apnea Board decisions

The Veteran's claims for increased ratings for his lumbar spine and bilateral hip disabilities were denied. The Board found that the evidence did not support a higher rating than 20 percent for the lumbar spine disability, and separate compensable ratings (10 percent) were assigned for each hip strain.

The Board denied the Veteran's claims for earlier effective dates for his lumbosacral strain and PTSD with depression evaluations, finding that there was no increase in severity of these conditions within one year prior to June 1, 2016.

The Veteran's initial ratings for degenerative arthritis with other intervertebral disc displacement of the lumbosacral region, LLE radiculopathy affecting the femoral nerve, and LLE paresthesia meralgia have been denied as they do not meet the criteria for higher ratings under VA rating criteria.

The Veteran's claim for an effective date earlier than August 21, 2008, for the award of service connection and a 50 percent rating for sleep apnea was denied.,The Veteran's claim for an evaluation in excess of 50 percent for service-connected obstructive sleep apnea was denied.,The Veteran's claim for TDIU from August 21, 2008, was granted.,The Veteran's claim for SMC based on housebound status prior to September 29, 2016, was denied.

The Veteran's claims for a compensable rating for bilateral hearing loss and service connection for sleep apnea were denied. The Board found that the evidence did not support a finding of service connection or entitlement to a higher rating.

The Veteran's sleep apnea, hypertension, and heart condition are granted service connection. The claims for diabetes mellitus, type II (DM) and colon cancer are remanded.

The Veteran's current diagnosis of obstructive sleep apnea is found to be causally related to his service-connected sinusitis and allergic rhinitis, with all reasonable doubt resolved in favor of the Veteran. Service connection for this condition is granted.

The Veteran's claim for an earlier effective date for asthma and a separate compensable disability rating for asthma is denied. The Board found that the evidence did not support entitlement to these claims.

The Board has found that the Veteran's May 5, 2020 notice of disagreement (NOD) was timely filed in response to the March 20, 2020 Statement of the Case. As a result, the appeal is granted for the issues related to hepatitis C and reopening claims for left ear hearing loss, tinnitus, residuals of a head injury, depression, and sleep apnea.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not related to his service-connected disabilities (PTSD, right knee condition, and cervical spine condition with upper extremity radiculopathy). The benefit of doubt has been resolved in favor of the Veteran.

The Veteran's septal nasal deformity, status-post septorhinoplasty, is granted as service-connected. The issues of traumatic brain injury residuals and obstructive sleep apnea are remanded for further examination and opinion. The heart condition and erectile dysfunction claims are also remanded due to their inextricably intertwined nature with the sleep apnea claim.

The Board has denied service connection for left knee joint pain, right knee joint pain, left shoulder joint pain, and right shoulder joint pain. Service connection for sleep apnea and headaches have also been denied.

The Board denied service connection for obstructive sleep apnea as it was not incurred in or aggravated by active military service.

The Board denied the Veteran's claims for service connection for sleep apnea as secondary to his service-connected PTSD and tension headaches, finding that there was no evidence supporting this claim.

The Board has determined that the VA examination and medical opinions provided were inadequate, and thus remanded for further action including a TERA examination under the PACT Act.

The Veteran's claims for service connection have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these appeals.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Board has determined that the AOJ made a decision on the merits of the claim for service connection for sleep apnea, but did not consider all relevant evidence. The Veteran's symptoms and exposure history are noted, and the Board finds that additional verification is needed regarding his participation in a TERA during service and an addendum VA opinion should be obtained.

The Board has decided to remand the case due to a need for further examination and opinion regarding whether the Veteran's obstructive sleep apnea is related to his military service, specifically considering total exposure through all applicable deployments and the synergistic effect of toxic exposures.

The Board has determined that the August 2021 rating decision on appeal did not adequately address the Veteran's claim for service connection of DM2 as secondary to Sleep Apnea and Somatic Symptom Disorder. The matter is being remanded to obtain an addendum opinion addressing whether the Veteran's service-connected disabilities caused or aggravated obesity, which in turn may have caused DM2.