Sleep apnea decisions — 2023

The Board has dismissed all claims of service connection due to the Veteran's death.

The Veteran's claim for service connection and increased ratings were granted. Service connection was established for right lower sciatic radiculopathy, but not for other conditions due to lack of evidence supporting exposure to toxic substances. Increased ratings were denied for right ear hearing loss, left knee anterior cruciate ligament partial tear, left knee instability, right fibula fracture (claimed as right ankle condition), and degenerative arthritis of the spine.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Veteran's appeals for increased evaluations of lumbosacral strain and cervical spine loss of lordosis with degenerative disc disease C5-C6 have been dismissed as the Veteran withdrew her appeal in October 2023.

The Board has granted service connection for a left hip disability, but the issues of service connection for MRSA, OSA, and hemorrhoids are remanded due to potential toxic exposure during service.

The Veteran has withdrawn his appeal for a compensable rating for sleep apnea, and the Board dismissed the claim as a result.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder.

The Board has granted an earlier effective date of September 14, 2018 for the award of special monthly compensation (SMC) based on the Veteran's service-connected disabilities.

The Board has decided that the Veteran's claim of service connection for sleep apnea, to include as secondary to his service-connected acquired psychiatric disorder, must be remanded due to duty-to-assist errors.

The Veteran's claims for service connection for a psychiatric condition and sleep apnea, secondary to his psychiatric condition have been granted. The Board found that the evidence supports the finding that these conditions are related to his active duty service.

The Board has dismissed all claims of service connection due to the Veteran's death.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current low back conditions are related to his active service, including parachute jumps during service. The Veteran is seeking service connection for lumbosacral or cervical strain (low back condition or pain).

The Veteran's claims for service connection have been reopened and granted.,Service connection has been established for major depressive disorder, headaches secondary to back impairment and major depressive disorder, and sleep apnea secondary to back impairment and major depressive disorder.

The Board has remanded the claims for higher disability ratings for right knee chronic strain with arthritis and lumbosacral strain with spinal stenosis due to issues regarding the competence of the VA examiner who conducted the December 2022 VA knee and back examinations.

The Board has reopened the Veteran's claims for service connection for a low back disability, stomach fibroid, right foot disability, left foot disability, and obstructive sleep apnea. The issues of entitlement to increased ratings for generalized anxiety disorder and TDIU are also remanded.

The Veteran's cervical strain, left hip strain, right shoulder strain, left shoulder strain, and lumbosacral strain are being remanded for additional medical opinions to determine if they are related to his in-service motor vehicle accident.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has determined that additional development is required, including VA examinations and a review of her medical records.

The Veteran's service-connected musculoskeletal disabilities led to obesity and subsequently obstructive sleep apnea (OSA). The Board has granted the claim for service connection of OSA as secondary to his service-connected musculoskeletal disabilities.

The Board has granted service connection for sleep apnea. The remaining issues on appeal (gout affecting the elbows, gout affecting the feet, and bilateral hearing loss) are remanded due to procedural errors.

The Board has denied service connection for sleep apnea on a direct basis and remanded the cases of respiratory disability (other than sleep apnea), claimed as asthma, and right knee disability to include arthritis. The case is also remanded for an opinion regarding whether current sleep apnea is aggravated by service-connected migraines.