Sleep apnea decisions — 2023

The Board has determined that the Veteran's current Obstructive Sleep Apnea is not related to his service or caused by his service-connected PTSD with dysthymic disorder and depression.

The Board has decided to remand the case due to a lack of a VA examination for the claimed condition, obstructive sleep apnea. The Veteran's lay statements and a private medical opinion suggest a possible connection between his service and the condition.

The Veteran's appeal was dismissed due to his death. The Board did not address the merits of the claims as they are now moot.

The Board has decided to remand the service connection claim for obstructive sleep apnea due to insufficient examination and opinion regarding the relationship between the condition and active service, as well as whether it is caused or aggravated by a service-connected disability.

The Veteran's OSA prior to November 2, 2018 was assigned a 30 percent evaluation as the evidence did not show he required use of a breathing assistance device such as a CPAP machine.

The Board dismissed the appeal because there was no case or controversy before it, as the Veteran did not appeal an increased rating for his lumbar spine disability and service connection for vertebral fracture. The issues on appeal were limited to service connection for nerve impairment of each lower extremity.

The Board has decided to remand the claims for service connection due to pre-decisional duty to assist errors, including the need for VA examinations.

The Veteran's lumbosacral DJD and associated radiculopathy of the right and left lower extremities are granted with a rating of 40 percent effective June 10, 2011.

The Board has readjudicated the Veteran's claim for service connection due to new evidence submitted since his last final denial. The Veteran's current low back disability is found to be related to his military service.

The Board has decided to remand the case due to inadequate etiology opinions provided by VA examiners. The Veteran's obstructive sleep apnea is being reviewed for potential secondary service connection with PTSD.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that it was not shown in service, was not secondary to her service-connected PTSD, and was not otherwise related to an in-service injury or disease.

The Board has determined that a remand is needed to correct a pre-decisional duty to assist error and obtain a VA examination to determine the etiology of the Veteran's sleep apnea, including whether it is related to his service-connected PTSD.

The Board dismissed the appeals for service connection of sleep apnea and PTSD as untimely, due to failure to file a timely Notice of Disagreement within one year from the date of the June 15, 2020 decision.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there was no evidence of its onset in service and it is not otherwise etiologically related to service.

The claims for service connection for diabetes mellitus, hypertension, OSA, neurological impairment of the right lower extremity, muscle spasms of the left and right lower extremities, and dizzy spells are granted.,All related claims for service connection are remanded due to new evidence received after the October 2018 rating decision.

The Board has dismissed the appeals for service connection for sleep apnea, a higher rating for TBI, and a higher rating for headaches. The Veteran's claim for TDIU is granted due to his service-connected disabilities making him unemployable.

The Veteran's service-connected disabilities have aggravated his obstructive sleep apnea (OSA), and the Board has granted service connection for OSA as secondary to these conditions.

The Board has granted service connection for achalasia, dysphagia, obstructive sleep apnea, and a back disability. The claim of entitlement to service connection for a hiatal hernia is remanded.

The Board has granted service connection for sleep apnea and restored the Veteran's rating for spondylosis of the thoracic spine.

The Board has denied service connection for various conditions, including right and left shoulder disabilities, elbow/arm disability, wrist disabilities, knee disabilities with shin splints, low back disability, neuropathy of the lower extremities, cold weather injury residuals, sleep apnea, TBI, and vertigo. The appeals are based on a direct relationship to service without any presumption or secondary connection.