Sleep apnea decisions — 2024

The Veteran's obstructive sleep apnea is found to have increased in severity due to his service-connected acquired psychiatric conditions, and the Board grants service connection for this condition as secondary.

The appeal for increased ratings in excess of 20 percent, 10 percent, and 10 percent for back disability and bilateral lower extremity radiculopathy has been dismissed due to the October 2022 rating decision not being a final, appealable decision.

The Board has decided to remand the case due to a duty to assist error, requiring an addendum opinion regarding secondary service connection for sleep apnea.

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbosacral disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date was set at October 27, 2021.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that there is a causal relationship between the two conditions.

The Veteran's bilateral pes planus has been granted service connection. The initial rating for lumbosacral strain with thoracic scoliosis is granted, but the case is remanded due to inadequate VA examination records. Service connection for rhinitis and sinusitis is also remanded.

The Veteran withdrew his service connection claim for obstructive sleep apnea, and the appeal is dismissed.

The Board has determined that the VA's duty to assist prior to the AOJ decision on appeal was not fulfilled, and thus remanding for a new opinion regarding whether the Veteran's sleep apnea is caused by or aggravated by his service-connected PTSD.

The Board has determined that the claims for service connection for obstructive sleep apnea and lung cancer with removal of right lobe are not supported by the evidence presented, but new evidence (the September 2024 TERA memorandum) was submitted after the initial rating decisions. The AOJ is directed to consider this new evidence in deciding these issues.

The Veteran's appeal is being remanded due to a duty to assist error. The Board will decide the issue of service connection for obstructive sleep apnea secondary to his service-connected left shoulder condition based on the evidence of record at the time of the prior decision.

The Board has determined that the Veteran had additional periods of active duty, ACDUTRA, and INACDUTRA service not previously considered. The claim is remanded to obtain personnel records from both Air Force Reserve and Air National Guard service as well as any associated service treatment records.

The Veteran's claim for an increased rating for PTSD was denied, and his claim for TDIU was granted. The decision is based on the severity of his symptoms related to PTSD and the impact it had on his ability to secure and follow a substantially gainful occupation.

The Veteran's claim for service connection for epidermolysis bullosa acquisita of the hands was denied in a September 2010 rating decision. The effective date for this grant is set at August 9, 2022.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD and left knee condition.

The Board has granted service connection for sleep apnea secondary to PTSD, but remanded the claims of erectile dysfunction, hypertension, and TMJ secondary to PTSD.

The Board dismissed the appeal for service connection of malignant melanoma. The Board granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during service and have continued since.

The Veteran's current disability of obstructive sleep apnea (OSA) was incurred in service and the Board has granted entitlement to service connection for OSA. The issue of service connection for tinnitus is remanded due to a need for an addendum opinion.

The Board has remanded the Veteran's claims for service connection for insomnia disorder, obstructive sleep apnea, and erectile dysfunction due to incomplete records and inadequate nexus opinions.

The Board has remanded the case due to a lack of toxic risk exposure activity (TERA) examination and for obtaining additional evidence, including VA and private treatment records.

The Veteran's appeal for service connection of obstructive sleep apnea (OSA) was dismissed because the appellant requested to withdraw his appeal.