Sleep apnea decisions — 2023

The Veteran's claim for an increased rating for his service-connected lumbar spine condition was denied as the evidence did not show that it is factually ascertainable that an increase in disability occurred prior to September 29, 2017.,The Veteran's claim for earlier effective date for service connection for bilateral hearing loss was dismissed because it raised a freestanding claim and there are no valid freestanding claims for earlier effective dates.,The Veteran's claim for an earlier effective date for the grant of service connection for left and right extremity radiculopathy was denied as the evidence did not show that it is factually ascertainable that the Veteran had symptoms of radiculopathy prior to September 29, 2017.

The Board has remanded the case due to ambiguities in the medical opinions and a need for further examination. The Veteran's sleep apnea claim is being reviewed, including whether it is secondary to his service-connected disabilities (PTSD, left shoulder rotator cuff tendonitis, residuals of left knee patellofemoral syndrome, and left knee instability associated with residuals of left knee patellofemoral syndrome).

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is secondary to his service-connected disabilities including PTSD, degenerative joint disease of the lumbar spine, and bilateral knee chondromalacia.

The Veteran's claims for service connection for sleep apnea and an increased rating for grand mal seizure syndrome were denied. The Board found that the evidence did not support a finding of in-service onset or relationship to service, and the current diagnoses do not meet the criteria for higher ratings.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that his current OSA is not related to his military service or a service-connected disability.

The Board has decided to remand the case due to issues with the Veteran not properly opting into the Appeals Modernization Act system, and for needing an additional addendum opinion regarding service connection.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea (OSA) due to a lack of credible evidence supporting his claimed stressors, and because there was no persuasive evidence linking these conditions to his military service.

The Veteran's appeal has been dismissed as he withdrew his claims before a decision was made.

The Veteran's claims for an effective date prior to August 15, 2016 for PTSD and service connection for coronary artery disease were withdrawn. Service connection for obstructive sleep apnea as secondary to service-connected PTSD was granted.

The Veteran's claims for service connection of an acquired psychiatric disorder and obstructive sleep apnea are remanded due to the need for additional development.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected headaches, but more evidence is needed for a final decision.

The Veteran's claim for bilateral foot disorder was dismissed as the Regional Office has granted service connection. The case is remanded for further examination and opinion regarding sleep apnea.

The Board has decided to remand the case due to inadequate opinion regarding whether the Veteran's obstructive sleep apnea is caused by or aggravated by his service-connected right shoulder disability and/or insomnia disorder.

The Veteran's claim for service connection for lumbosacral spondylosis and degenerative disc disease was denied in March 2015, but reopened in December 2014. The claim was again denied in February 2018. In February 2019, the VA granted service connection with an effective date of November 13, 2017.

The Veteran's claims for service connection for sleep apnea, an acquired psychiatric disorder, and a low back disability are granted. The claims for service connection for left hip condition and right hip condition are remanded.

The Veteran's sleep apnea is found to be secondary to his service-connected PTSD, and the Board has granted service connection for this condition.

The Board has denied service connection for sleep apnea due to a lack of evidence showing the Veteran had this condition during or proximate to his period of active duty. The athlete's foot claim is remanded as there are insufficient medical opinions addressing the onset and etiology of the condition in relation to service.

The Board has granted service connection for obstructive sleep apnea, but the claims for left and right elbow disabilities are remanded due to lack of medical evidence.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there was no evidence to support a link between his in-service sleep study and his current diagnosis of sleep apnea. The Board also found no secondary service connection as none of the Veteran's service-connected disabilities were found to be causes of his sleep apnea.

The Board has remanded the Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder, OSA secondary to an acquired psychiatric disorder, and hypertension. The issues are being remanded due to the need for additional examinations and opinions.