Sleep apnea decisions — 2024

The Board has decided to remand the case due to insufficient evidence regarding the diagnosis of sleep apnea. The Veteran's claim will be reconsidered with an in-laboratory sleep study.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected post-traumatic stress disorder (PTSD).

The Board has decided to remand the case due to a duty to assist error, specifically regarding the etiology of the Veteran's sleep apnea and its relationship to his service-connected major depressive disorder.

The Board has determined that the VA opinion is inadequate and a new VA opinion is needed to determine if the Veteran's sleep apnea was incurred in or related to his time on active duty, and whether it was caused or aggravated by his service-connected adjustment disorder with mixed anxiety and depressed mood.

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder and generalized anxiety disorder, is granted service connection.,The Veteran's sleep apnea, secondary to his service-connected acquired psychiatric disorder, is granted on a causation basis.

The Veteran's claim of a disability rating in excess of 30 percent prior to May 8, 2020, and in excess of 50 percent thereafter for service-connected asthma with sleep apnea is dismissed as the benefits sought have been awarded.

The Board has decided to remand the claims of service connection for obstructive sleep apnea and an increased rating for headaches due to a duty to assist error. The Veteran's current obstructive sleep apnea may be secondary to his PTSD, and there is insufficient evidence regarding the severity of his headaches.

The Board has granted secondary service connection for obstructive sleep apnea, finding that the Veteran's obesity, caused by his service-connected back disability, was a substantial factor in developing this condition.

The Veteran's appeal for service connection for sleep apnea has been dismissed as the Veteran withdrew his request for review.

The Board has decided to remand the claims for sleep apnea and eczema due to insufficient opinions regarding service connection, particularly concerning aggravation by PTSD. The Veteran's exposure to burn pits is also noted as a potential factor.

Service connection is granted for tinnitus and left knee disability. Service connection is denied for fatigue, blurred vision, deviated septum, dyspnea (other than heart disability), and gastroesophageal reflux disease.,The Veteran's service records show he experienced symptoms of tinnitus during active duty in 1991 and his left knee injury occurred during a qualifying period of National Guard service. Service connection is granted for these conditions.

The Board has decided to remand the case due to a duty-to-assist error in the original rating decision, and a new medical opinion is needed to address the Veteran's claim for service connection of OSA secondary to PTSD.

The Veteran's claim for an effective date earlier than May 25, 2016, for the award of service connection for lumbar spine disability is denied. The Board finds no document of record received by VA earlier than the May 25, 2016, Intent to File, wherein the Veteran requested reopening the previously denied claim for service connection for a lumbar spine disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of additional functional loss or incapacitating episodes.

The Board has remanded the claims for service connection for various conditions due to inadequate development and lack of proper nexus opinions. The Veteran was exposed to toxic substances during his military service, including TCE, benzene, butadiene, toluene, methyl ethyl ketone, gasoline, jet propellant, cadmium, fuels, cleaning solvents, degreasing agents, paint stripper, fumes, and exhaust.

The Veteran's claim for total disability based on individual unemployability (TDIU) prior to December 20, 2010 was denied as he did not meet the schedular requirements and his service-connected disabilities were insufficient to render him unable to secure or follow a substantially gainful occupation.

The Board remands the claim for a new examination to address the likelihood of sleep apnea being caused or aggravated by service-connected cervical spine disability and presumed exposure to toxins in Southwest Asia.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.

The Board has granted service connection for obstructive sleep apnea, finding that it is due to the Veteran's service-connected lumbar strain and degenerative disc disease through the intermediate step of obesity.

The Board has determined that the evidence is in approximate balance regarding whether service connection should be granted for obstructive sleep apnea and lung cancer. The AOJ's decision on these issues will need to consider additional exposure information provided after the initial rating decisions.