Sleep apnea decisions — 2024

The Veteran's appeal is remanded due to a duty to assist error in the VA examinations prior to the decision. The Board requires further development to determine the severity of his eye disabilities and their relationship to service.

The appeal for service connection for PTSD secondary to MST is dismissed. The claims of service connection for erectile dysfunction, IBS, and sleep apnea are remanded.

Your appeal for sleep apnea, left shoulder, and right shoulder disabilities has been dismissed as the issues were not addressed in your November 2021 decision.

The Veteran's sleep apnea, lumbar spine disability, and PTSD have been granted service connection on a direct basis.,Service connection for ED is remanded as secondary to PTSD. Service connection for headaches is also remanded as secondary to PTSD.

The Board has remanded the claim of entitlement to service connection for OSA, including as secondary to service-connected tinnitus and PTSD due to a duty to assist error in not obtaining medical opinions regarding aggravation by PTSD.

The Veteran's claim for service connection for sleep apnea was granted effective March 31, 2021, based on his intent to file a claim and continuous pursuit of the claim since that date.

The Board has denied service connection for various conditions, including OSA, dry skin, hypertension, neck disability, right and left upper extremity nerve damage, right long finger disability, right hip disability, left hip disability, erectile dysfunction, right knee disability, left knee disability, right ankle disability, left ankle disability, right foot plantar fasciitis, and left foot plantar fasciitis. The Board found no evidence of current diagnoses or treatment for these conditions.

The Board has determined that there was a pre-decisional duty to assist error and the claim of service connection for sleep apnea is remanded. The Veteran's sleep apnea may be secondary to his service-connected hypertension, major depressive disorder, anxiety, and PTSD.

The Board has remanded the claims for low back disability and bilateral foot disability (claimed as plantar fasciitis) due to pre-decisional duty to assist errors. The Veteran's service connection claims are being remanded for additional medical opinions.

The Board has remanded the claim of service connection for OSA, which is secondary to PTSD. The Veteran's medical records show he was diagnosed with OSA in 2020 and treated for it since then. However, a VA examiner found no signs or symptoms attributable to sleep apnea and no functional impairment. The Board finds this opinion inadequate due to legal errors and insufficient consideration of the Veteran's lay statements and prior examination findings.

The Veteran's claims for additional months of service-connected compensation for various conditions have been denied. The effective dates and payment start dates are legally correct.

The Board has granted effective dates of November 20, 2020 for the grants of service connection for scoliosis with lumbosacral strain, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), and pes planus.

The Veteran's claim for separate ratings for obstructive sleep apnea and a right lower lobe nodule was denied. The Board found that the predominant disability is obstructive sleep apnea, which warrants a single 50% rating. The issue of an increased rating for respiratory disorders is remanded due to duty-to-assist error.

The Board has decided to remand the case due to a duty-to-assist error in obtaining an adequate medical opinion regarding the relationship between the Veteran's current sleep apnea and his active service.

The Board has determined that the AOJ made a pre-decisional duty to assist error in denying service connection for obstructive sleep apnea. The case is being remanded to obtain another VA opinion on the nature and etiology of the Veteran's OSA, specifically addressing whether it was caused or aggravated by his service-connected disabilities.

The Board has decided to remand the Veteran's claims for sleep apnea and low back condition due to incomplete records from a private sleep study and failure to obtain service treatment records. The Veteran is required to provide additional medical evidence, and VA needs to attempt to retrieve his service records.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to several service-connected disabilities, including left temporomandibular disorder (TMD), allergic rhinitis, tinnitus, and depressive disorder.

The Board has granted service connection for obstructive sleep apnea and lumbosacral strain as secondary to the Veteran's service-connected right knee impairment.

The Board has remanded the claims of service connection for a respiratory disability and OSA as secondary to asthma due to a pre-decisional duty to assist error in failing to obtain an examination and opinion regarding the Veteran's claim for service connection for a respiratory disability. The issues are inextricably intertwined with the respiratory disability claim.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding her claimed conditions, as well as a review of the evidence related to toxic exposure risk activities.