Sleep apnea decisions — 2024

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board has dismissed the appeals for service connection of flat feet and a lumbosacral strain/lumbar spine disorder due to the Veteran's death.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the appellant's sleep apnea, specifically addressing his in-service symptoms and their relation to his current disability.

The Board has remanded the Veteran's claims for service connection and ratings for various conditions, including sleep apnea, valvular heart disease, left knee quadriceps tendonitis, hiatal hernia with GERD, right upper extremity acquired psychogenic pain disorder, and SMC based on Aid and Attendance/housebound criteria. The AOJ is required to schedule the Veteran for VA examinations and obtain medical opinions regarding these conditions.

The Veteran's service connection claims for hypertension, sleep apnea, and esophagus disability are granted. The Board instructed the AOJ to provide a new examination for the esophagus disability claim.

The Board denied the Veteran's claim for a TDIU due to one service-connected disability, finding that he was not rendered unemployable based on only one of his service-connected disabilities. The decision is binding only with respect to this specific matter and does not establish VA policies or interpretations of general applicability.

The Veteran's lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy are each rated at 50 percent since July 9, 2018. The appeal is granted for these ratings.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder and OSA as there is no new and relevant evidence to support these claims.

The Board has remanded the Veteran's claim for obstructive sleep apnea due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence when the claim is readjudicated.

The Veteran's service-connected bilateral pes planus with plantar fasciitis is the primary factor in his inability to secure and follow a substantially gainful occupation. Other conditions, such as left knee strain, right lower extremity peripheral neuropathy, lumbosacral strain, right foot hallux valgus, and left foot hallux valgus, also contribute but do not significantly impact his employability.

The Veteran's claims for service connection for OSA and GERD secondary to his service-connected insomnia disorder with persistent depression disorder are being remanded due to insufficient medical opinions.

The Board has granted service connection for right knee degenerative arthritis. The claim of service connection for sleep apnea (claimed as breathing issues), to include as secondary to right knee disability, is remanded.

The Veteran's claim for reimbursement of beneficiary travel expenses to the San Francisco VA Medical Center on September 11, 2024 was granted as he met the criteria for reimbursement.

The Board has decided to remand the case due to a duty-to-assist error and new medical opinions are needed regarding whether OSA is related to service, especially given the Veteran's reported symptoms following shoulder surgery.

The Board has denied the Veteran's claims for increased ratings for left lower extremity radiculopathy and right lower extremity radiculopathy, but has remanded his claim for a higher rating for lumbosacral degenerative arthritis and degenerative disc disease with thoracic back strain (lumbar spine disability).

The VA improperly revised the initial rating decision, assigning an initial zero percent rating for OSA effective August 19, 2014. The Board found that this revision was based on CUE and assigned a new initial 50 percent rating effective August 19, 2014.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) due to the Veteran's active duty service, finding that her symptoms are congruent with those experienced during and since service.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss disability, tinnitus, and obstructive sleep apnea (OSA). The evidence does not support a nexus between these conditions and his military service.,Service connection was denied as there is no credible evidence of an in-service onset or relationship to service.

The Board has granted service connection for left wrist tenosynovitis and right ankle strain, finding that these conditions are related to active service.,Service connection was denied for obstructive sleep apnea and a right shoulder disability due to the lack of evidence showing current disabilities or their relationship to active service.

The Board has decided that the Veteran's claim for service connection for sleep apnea, including as secondary to hypertension, must be remanded due to a lack of an adequate medical opinion regarding whether the sleep apnea is aggravated by his service-connected hypertension.