Sleep apnea decisions — 2023

The Board has remanded the case for readjudication of the service connection claim for sleep apnea due to new and relevant evidence having been received since the last rating decision.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional medical opinions regarding his PTSD, nausea and vomiting, OSA, and headache disorder.

The Veteran's obstructive sleep apnea is rated at 50 percent, requiring the use of a breathing assistance device such as an APAP machine.

The Board has granted service connection for degenerative arthritis of the cervical spine and degenerative arthritis of the lumbar spine, finding that these disabilities are related to the Veteran's active military service.,Service connection was also granted for sleep apnea, which is considered a separate issue from the neck and low back disabilities.

The Board has remanded the claims for increased ratings and service connection due to errors in the original decision, including inadequate examinations and incomplete records. The Veteran's sleep apnea is denied as there is no evidence of its onset during service or being related to a service-connected disability. Service connection for PTSD and depression is also remanded for further review.

The Board has remanded the issues of service connection for Obstructive Sleep Apnea and entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) due to Major Depressive Disorder. The TDIU issue is pending readjudication.

The Veteran withdrew his appeal regarding the claims for service connection for sleep apnea and migraines.

The Board has determined that there was a duty to assist error prior to the February 2020 decision on appeal and remands the case for further development, including obtaining a VA examination.

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

The Board denied the Veteran's claims of service connection for sleep apnea, neck disability, and back disability, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Veteran's OSA and back condition are granted as secondary to service-connected conditions, with obesity considered an intermediate step.,Service connection for rhinosinusitis is granted due to exposure under the PACT Act.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea and remanded the issue of service connection for hypertension.

The Board has determined that additional development is needed for the issues of service connection for obstructive sleep apnea, appetite disorder, insomnia disorder, and GERD. The claims are being remanded to obtain new medical opinions on direct and secondary service connection.

The Board has remanded the Veteran's claims for service connection for lumbar spinal stenosis, COPD, sleep apnea, bilateral hearing loss, and tinnitus due to new evidence added to the record.

The Veteran's claim for a left knee condition has been remanded. Service connection for tinnitus and sinusitis is granted based on presumptive exposure under the PACT Act. The Veteran's claim for rhinitis was denied as he does not have a current diagnosis of this condition. Service connection for OSA, secondary to PTSD, and bilateral plantar fasciitis, secondary to service-connected PTSD, are granted.,The Veteran's left knee condition is pending and will be remanded. The Veteran has established service connection for tinnitus and sinusitis based on presumptive exposure under the PACT Act. Service connection for rhinitis was denied as he does not have a current diagnosis of this condition. Service connection for OSA, secondary to PTSD, and bilateral plantar fasciitis, secondary to service-connected PTSD, are granted.

The Board has granted service connection for obstructive sleep apnea and tinnitus, finding that the Veteran's conditions are at least as likely as not caused by or related to his service-connected PTSD. The decision also grants service connection for tinnitus based on in-service noise exposure.

The Veteran's back disability is granted as it is related to his military service.,Service connection for an acquired psychiatric disorder, specifically PTSD, is granted as it is proximately due to a service-connected condition (migraine headaches).,Sleep apnea is also granted as it is proximately due to a service-connected condition (migraine headaches).

The Veteran's claim for service connection for PTSD prior to July 19, 2022 is granted. The claim for service connection for Sleep Apnea is denied.

The Veteran's claim for service connection for obstructive sleep apnea was denied as there is no evidence of a current disability or in-service incurrence. The Board found that the Veteran's OSA did not originate during his military service and is not related to any service-connected condition. For TDIU, the Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

Service connection is granted for right ear hearing loss and tinnitus.,Service connection is denied for lumbosacral strain (low back pain).