Sleep apnea decisions — 2023

The Veteran's currently diagnosed Obstructive Sleep Apnea (OSA) was found to be aggravated by his service-connected disabilities, specifically fibromyalgia, allergic rhinitis, and chronic fatigue syndrome. As a result, the Board granted service connection for OSA as secondary to these conditions.

The Board denied the Veteran's claims for service connection for lumbosacral strain, increased evaluations for left femur fracture and left knee instability, and left knee limitation of flexion. The evidence did not support a current diagnosis or link to military service.

The Veteran's claim for service connection for asthma, which included a secondary claim for sleep apnea as related to his asthma, was granted with an effective date of September 9, 2018.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during service and have continued since then.

The Board has remanded the case due to errors in the examination and medical opinion, as well as a need for an additional examination considering toxic exposure risk activities.

The Board has dismissed all the claims related to the Veteran's service-connected conditions as the appellant died during the appeal process.

The appeal of the issue of entitlement to service connection for bilateral hearing loss is dismissed.,New and relevant evidence has been received, allowing readjudication of the claims for service connection for a headache disorder, a psychiatric disorder, and ulcerative colitis.

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed as the Veteran's representative withdrew the appeal in June 2023.

The Board has remanded the case due to insufficient medical evidence regarding the etiology of the Veteran's obstructive sleep apnea, which is currently considered a direct service connection claim.

The Board has granted service connection for the Veteran's back disability, sacroiliac weakness and lumbosacral intervertebral disc degeneration, as well as arthritis of both hands. The conditions are deemed to have started during active duty.

The Veteran's service connection for Female Sexual Arousal Disorder (FSAD) secondary to PTSD is granted. Service connection for an irregular heartbeat, including as secondary to service-connected tension headaches, and hypertension, including as secondary to service-connected PTSD, are also granted.

The Board denied a higher rating for the Veteran's lumbar spine disability, finding that it did not meet or approximate the criteria for ratings higher than 20 percent prior to October 28, 2019 and higher than 40 percent thereafter.

The Board has remanded the Veteran's claims for TBI, sleep apnea, erectile dysfunction, GERD, left ankle disability, and lumbar spine disability. The Veteran must file a Statement of the Case (SOC) on these issues before he can appeal them further.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected left knee disability, and also granted service connection for a chronic thoracolumbar strain (back disability). The decision is based on evidence showing that her OSA may be related to obesity caused by her service-connected left knee disability. Service connection was denied previously due to lack of evidence linking OSA to service or toxic exposure.

The Board has decided to remand the case due to the need for a VA medical opinion regarding the etiology of the Veteran's sleep apnea and whether it is caused or aggravated by his service-connected PTSD.

The Veteran's appeal for a rating in excess of 70 percent from November 20, 2019 for PTSD is dismissed.,The Veteran's appeal for a compensable evaluation for allergic rhinitis is dismissed.,The Veteran's claim to reopen service connection for sinusitis based on receipt of new and material evidence is dismissed.,Service connection for hypertension prior to August 10, 2022 is granted due to the PACT Act.,Service connection for back disability is denied as there was no new and material evidence received.,Service connection for residuals of a stroke is remanded as there was no new and material evidence received.,Service connection for kidney disease is reopened but not granted, as there was no new and material evidence received.,Service connection for hypertension from August 10, 2022 pursuant to the PACT Act is granted.,Service connection for osteoporosis on a secondary basis is denied.,Service connection for OSA on a secondary basis is denied.,Service connection for bruxism on a secondary basis is denied.

The Veteran's claims for higher ratings and service connection are remanded due to the need for additional examinations and opinions.

The Veteran's claim for service connection for obstructive sleep apnea was denied because he failed to report for a necessary VA examination.

The Board has remanded the case for further consideration of all issues on appeal, including those related to earlier effective dates and service connection. The RO should consider all evidence associated with the claims file since the October 31, 2019 SOCs and May 27, 2020 SSOC.

Service connection for COPD is granted. The Veteran's sleep apnea claim, including secondary service connection and aggravation issues, are remanded.