Sleep apnea Board decisions

The Board denied the Veteran's claim for a total disability rating on the basis of individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular rating was 100 percent and he had not demonstrated that any single service-connected disability rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims of service connection for OSA and a compensable rating for left ear hearing loss due to new evidence and need for further examination.

The Veteran's sciatica of the left leg is rated at 10 percent, and the Board found that a higher rating was not warranted based on the evidence.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. However, the Veteran's claim for an increased rating of PTSD remains denied.

The Veteran's obstructive sleep apnea was found to have begun in service and has continued since then, meeting the criteria for service connection.

The Veteran's claims for service connection for obstructive sleep apnea and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 were both granted effective as of October 5, 2020. The Board denied the requests for earlier effective dates.

The Board has granted service connection for a neck condition and obstructive sleep apnea, finding that the Veteran's conditions began during his military service.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the Veteran's claim for service connection for obstructive sleep apnea. The AOJ will now consider this issue on its merits.

The appeal of the service connection claim for a low back disability is dismissed as the Veteran was granted service connection in a prior decision. The claims of service connection for sleep apnea and hypertension are remanded.

The Veteran's claim for service connection for diabetes mellitus type 2 was granted with an effective date of April 2, 2009. The claim for service connection for sleep apnea was denied as there were no prior communications that could be construed as a request for entitlement to the condition.

The Veteran's appeal is being remanded for further evaluation of his claim for service connection for OSA. The Board will consider all evidence, including the lay and medical records, to determine if there is sufficient evidence to support a finding that his current OSA was incurred during or as a result of his military service.

The Board has denied service connection for a back condition and remanded the right wrist condition due to insufficient evidence.

The Veteran's claim for a higher initial rating for major depressive disorder was granted, and an effective date of November 29, 2018, is established. The TDIU and Dependents' Education Assistance claims are also granted.

The Board has decided to remand the case due to a duty-to-assist error and will need to obtain additional evidence regarding the Veteran's exposure to burn pits during service.

The Board has remanded the case due to a duty to assist error regarding whether the Veteran's sleep apnea is aggravated by service-connected GERD, hiatal hernia, or PTSD.

The Board has granted service connection for lumbosacral strain and traumatic brain injury, finding that these conditions are more likely caused by the Veteran's military service.

The Veteran's sleep apnea is being remanded for a new medical opinion to determine if it was caused or aggravated by his service-connected PTSD.

The Board has determined that the Veteran's sleep apnea had its onset during his active service and granted service connection for this condition.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is secondary to her service-connected acquired psychiatric disorder.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's OSA was proximately due to or aggravated by his PTSD, and thus service connection for OSA is granted.