Sleep apnea decisions — 2023

The Board has found that another remand is required to obtain an addendum opinion addressing whether the Veteran's respiratory disability, including OSA and other conditions, is directly related to service. The issue of entitlement to service connection for a respiratory disability remains under review.

The Board has granted service connection for OSA, finding that the evidence is in equipoise regarding whether the Veteran incurred OSA during service.

The Board has granted service connection for obstructive sleep apnea, but denied service connection for a back disability. The decision is based on the evidence showing that the Veteran's OSA began during or was caused by his active service, while there is no credible evidence to support his claim of a back injury during service.

Service connection for sleep apnea, diabetes mellitus, and tinnitus has been granted.,Service connection for residuals of traumatic brain injury (TBI) is denied.

The Veteran's claims for increased ratings for his lumbosacral strain with degenerative arthritis and right lower extremity radiculopathy have been remanded by the Board.,The Veteran is also facing a TDIU claim, which has been remanded as well.

The Board has decided to remand the case due to lack of substantial compliance with its previous instructions, specifically regarding a VA opinion on whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Board has decided to remand the case due to insufficient compliance with previous directives and a need for additional development, including obtaining an addendum opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has determined that the case is on remand for further examination and opinion regarding the Veteran's sleep apnea, including its relationship to service-connected conditions.

The Veteran's chronic lumbosacral strain was granted a 40 percent disability rating, effective February 16, 2015.,Prior to October 19, 2021, the Veteran's right lower extremity radiculopathy was granted a 20 percent disability rating. From October 19, 2021, his bilateral lower extremity radiculopathies were denied increased ratings.

The Board has remanded the case due to inadequate VA examination for left knee instability. The Veteran's claim for an initial rating in excess of 10 percent for service-connected left knee instability is still pending.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a nexus between his current OSA and his military service. The Board also found that his PTSD did not cause or aggravate his OSA.

The Veteran's right fifth finger strain is rated at the maximum possible level, and a higher rating cannot be assigned.,Service connection for obstructive sleep apnea was denied as there is no evidence of its onset during service or continuity since service. The Board found that PTSD does not cause or aggravate the Veteran's sleep apnea.,The Veteran's right knee condition was denied due to lack of a current disability and failure to establish a link between his active service and his current condition.

The Board has remanded the case for additional development to determine if the Veteran's reported sleep disorder, including sleep apnea, is related to his service. The Veteran will need to undergo a sleep study and an examination with an appropriate clinician.

The Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities from July 17, 2013, to October 7, 2014. The Board granted a TDIU on an extraschedular basis for this period.

The Board has remanded the cases for further development due to inadequate medical opinions and compliance with previous remand requests.

The Veteran's service-connected right foot disabilities are rated at 10 percent, and he is denied a higher rating. Prior to May 11, 2017, the Veteran was not found unemployable due to his service-connected conditions. From May 11, 2017, the Veteran is granted TDIU.

The Veteran's claim for service connection for obstructive sleep apnea, including as secondary to PTSD, has been fully granted in a February 2021 rating decision. The appeal is dismissed because the benefit sought on appeal has already been granted.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) as secondary to service-connected posttraumatic stress disorder (PTSD). The case is being returned for further development and consideration.

The Veteran's obstructive sleep apnea and bilateral foot condition are granted as service-connected.,An increased rating for right ankle strain is denied, with the case being remanded.

The Veteran's acquired psychiatric disorder, including PTSD and unspecified anxiety disorder, is related to his service. His obstructive sleep apnea is proximately due to his service-connected PTSD.