Sleep apnea decisions — 2023

The Board has dismissed the appeals for service connection for sleep apnea, a rating in excess of 10 percent for painful scar, thoracolumbar mid-spine, and an increased rating for thoracolumbar spine spondylosis, degenerative disc disease, scoliosis, and intervertebral disc syndrome before June 1, 2020.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected back disability and his obstructive sleep apnea.

The Veteran's tinnitus is granted as service connected. The issue of sleep apnea is remanded for further examination and analysis.

The Veteran's service-connected bilateral hearing loss is not granted an initial compensable rating, but his lumbosacral strain is granted service connection.

The Veteran's sleep apnea and lumbar spine disability are granted, with the lumbar spine disability receiving a 40% rating.

The Board denied the Veteran's claims for increased ratings for his service-connected psoriasis, finding that the evidence did not support a higher rating due to the lack of systemic therapy. The claims for hypertension, diabetes mellitus, and OSA were also denied as there was no new and relevant evidence submitted.

The Board has granted an earlier effective date of November 10, 2015 for the award of service connection for Obstructive Sleep Apnea based on continuous pursuit of a claim.

The Board has determined that the Veteran's claims for service connection are remanded due to a lack of VA examinations and potential exposure to toxic substances during his military service.

The Board has denied service connection for stroke residuals, seizures, sleep apnea, and a traumatic brain injury (TBI) due to lack of evidence linking these conditions to the Veteran's active service. The claim for psychiatric disorder is remanded as there was an error in failing to provide a VA examination.

The Veteran's appeal is remanded for additional examinations and opinions to address the etiology of his diagnosed conditions, including vertigo. The claims are also remanded for further development regarding service connection.

Service connection is granted for cervical strain, OSA secondary to PTSD and GERD, migraines, and GERD. The Veteran's fibromyalgia claim requires further examination.,The Veteran's TMJ disorder requires a higher initial evaluation.

The Board has granted service connection for obstructive sleep apnea (OSA) effective as of May 10, 2019. The Veteran's claim to reopen his previous unappealed OSA claim was constructively received on that date.

The Board has remanded the Veteran's claims for service connection due to insufficient consideration of lay statements and potential toxic exposure. The VA is required to obtain a medical opinion regarding the etiology of OSA, right knee disability, and left knee disability.

The Board has found that new and relevant evidence was received to reconsider the Veteran's claim for service connection for obstructive sleep apnea, which is currently denied. The Board has decided to remand the case for further development.

The Board dismissed the appeal because the appellant requested to withdraw it before a decision was made.

The Board has granted service connection for type II diabetes mellitus on a secondary basis due to obesity caused by the Veteran's service-connected lumbar spine disability. Service connection for sleep apnea is also granted based on exposure to environmental hazards during service.

The Veteran withdrew her claim of service connection for sleep apnea, and the Board dismissed it.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to a duty-to-assist error. The case will be returned to the AOJ for further development and consideration.

The Board has granted service connection for CAD, hypertension, sleep apnea, and squamous cell carcinoma, finding that these conditions are related to the Veteran's exposure to jet fuel during active duty.

The Board has remanded the case due to an inadequate July 2022 VA medical opinion, and a new medical opinion is needed to address concerns about causation and aggravation of sleep apnea.