Sleep apnea decisions — 2024

The Board has granted service connection for hypertension and a heart condition, but has remanded the issue of service connection for sleep apnea due to insufficient medical opinions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected post-traumatic stress disorder (PTSD). The evidence is at least in equipoise that OSA was due to PTSD, and the benefit of the doubt rule has been applied.

The Board has granted an effective date of January 22, 2020 for the grant of service connection for obstructive sleep apnea. The earliest evidence of the manifestation of the disability is from a private medical record dated January 22, 2020.

The Board has determined that the Veteran's sleep apnea may be related to his military service, specifically his active duty training. The claim is being remanded for a VA examination and medical opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea Syndrome (OSA) as it is at least as likely as not caused or chronically worsened by his service-connected musculoskeletal disabilities.

The Veteran's claim for service connection for a bilateral foot condition is denied, and the claim for sleep apnea is remanded due to inadequate medical opinion.

The Board has decided that the Veteran's claim for service connection for sleep apnea, including as secondary to PTSD, is remanded due to insufficient medical opinions regarding the etiology of her sleep apnea.

The Veteran's appeals for increased ratings and TDIU were dismissed due to a procedural defect in how the appeal was filed.

The Veteran is granted a 10 percent initial rating for topical dermatitis and denied an increased rating for lumbosacral strain.

The Veteran's claim for a higher rating for his lumbosacral degenerative joint disease and herniated nucleus pulposus (lumbar spine disorder) was denied as the disability does not meet or more nearly approximate the criteria for a rating greater than 20 percent.

The Board has granted service connection for obstructive sleep apnea, right knee degenerative arthritis, left knee degenerative arthritis, right foot hallux valgus, and left foot hammer toes. Service connection is denied for a cervical spine disability.

The Board has determined that a remand is necessary to obtain an updated VA opinion regarding the etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to his service in Southwest Asia and exposure to toxins.

The Board has decided to remand the claims for service connection for sleep apnea, right upper extremity CTS, and left upper extremity CTS due to a duty to assist error. A VA examination is required to determine if these conditions are related to service.

The Board has determined that the VA examinations and opinions are inadequate for adjudicatory purposes, necessitating a remand to obtain additional medical opinions addressing the Veteran's sleep apnea as secondary to his service-connected post fractures.

The Veteran's appeal is remanded due to unclear notice and denial reasons. The Board finds the PCAFC decision did not clearly state which criteria were unmet, leading to a need for clarification.

The Veteran's service-connected disabilities, including PTSD, right shoulder disorder, OSA, and diabetes mellitus, rendered him unable to secure or follow a substantially gainful occupation from August 9, 2019, to May 6, 2021. Therefore, the Board granted his claim for TDIU during this period.

The Board dismissed the appeal because the proposal to reduce the rating for lumbosacral strain was not a final decision affecting provision of benefits.

The Board has dismissed all claims of service connection for various conditions due to the Veteran's withdrawal of his appeals.

The Veteran's lumbosacral strain is granted an increased disability rating of 40 percent, effective March 19, 2022. The criteria for unfavorable ankylosis were not met.

The Veteran's sleep apnea is granted as secondary to his service-connected allergic rhinitis. Service connection for PTSD, adjustment disorder with anxious mood and/or depressed mood, and any other mental disorders are denied due to lack of a formal DSM-5 diagnosis during the pendency of the claim.