Sleep apnea decisions — 2024

The Veteran's claims for service connection for obstructive sleep apnea and vertigo are remanded due to the need for additional medical examinations, including a VA examination pursuant to the PACT Act. The Veteran is presumed to have been exposed to herbicide agents during his participation in a Toxic Exposure Risk Activity (TERA).

The Board has granted service connection for obstructive sleep apnea as secondary to post-traumatic stress disorder (PTSD). The decision is based on the opinion of a medical expert who concluded that OSA was caused by PTSD.

The Board denied the Veteran's claim for service connection of OSA, finding that there is no causal relationship between his service-connected conditions and his current condition.

The Board has remanded the cases for further development due to duty-to-assist errors and for additional examinations.

The Veteran's claim for service connection for headaches, anxiety disorder, and obstructive sleep apnea was granted. However, the appeal to determine eligibility for attorney fees based on past-due benefits awarded in a July 2020 Rating Decision is dismissed due to lack of legal merit or entitlement under the law.

The Board has decided to remand the case due to insufficient examination and reasoning regarding whether obstructive sleep apnea is related to service or secondary to PTSD.

The Board has denied the Veteran's claims for service connection for various disabilities, including skin, GERD, left shoulder, rhinitis, sinusitis, bilateral plantar fasciitis, IBS, and sleep apnea. The right shoulder, cervical spine, right knee, left knee, and erectile dysfunction claims are remanded for further development.

The Veteran's appeal for an earlier effective date prior to November 22, 2019, for the award of service connection for Obstructive Sleep Apnea is dismissed because it constitutes a freestanding claim and does not raise any issue related to service connection.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected lumbosacral strain with degenerative arthritis, considering obesity as an intermediary step. The Board found that there is not sufficient evidence to support a finding of secondary service connection.

The Board has determined that the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected allergic rhinitis, leading to a grant of service connection for this condition.

The Veteran's claim for an effective date prior to November 17, 2021 for service connection of lumbosacral strain was denied as the earliest effective date available is the date VA received his Intent to File, November 17, 2021.

The Veteran's claim for service connection for sleep apnea was dismissed due to procedural defects in the appeal process.

The Board has decided to remand the claims of service connection for sleep apnea and left ankle disability due to inadequate medical opinions regarding their etiology. The Veteran's reports will be considered by the RO in the adjudication of these claims.

The Veteran's appeal for a higher rating for lumbosacral strain is denied.,The Veteran's claim for service connection of right shoulder strain, as secondary to his left shoulder disability, is remanded.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between the Veteran's sleep apnea and his service-connected depressive disorder, as well as a need for additional VHA records.

The Board denied the Veteran's claim for service connection for a back disability, including as secondary to his service-connected bilateral pes planus with obesity. The evidence did not support finding that the back disability was related to service or due to his service-connected condition.

The Veteran's claim for a TDIU is granted effective January 12, 2018. The effective date was determined based on the Veteran's service-connected disabilities and his inability to secure or follow substantially gainful employment due to these conditions.

The Veteran's tinnitus is granted service connection. The Board finds it was a pre-decisional duty to assist error not to clearly identify the Veteran's periods of ACDUTRA and INACDUTRA, and remands for further action on dizziness (vertigo), gastrointestinal disorder, sleep apnea, back disorder, right shoulder disorder, right-hand disorder, left-hand disorder, headaches, and neck disorder.

The Veteran's claims for earlier effective dates and higher evaluations are being remanded due to the need for additional development of the record.,The Board is unable to determine an appropriate effective date for the grant of service connection for PTSD as it was not established until after August 24, 2005.

The Board has remanded the claim of service connection for sleep apnea due to a lack of consideration of new evidence and an inadequate nexus opinion. The Veteran contends that his current sleep apnea is directly related to his in-service nasal surgery, while also arguing it is secondary to his service-connected deviated septum.