Sleep apnea decisions — 2024

The Board has decided to remand the service connection claim for obstructive sleep apnea due to its complexity and need for additional medical opinions.

The Board has determined that the current VA medical opinions are inadequate and remands for further clarification on whether the Veteran's service-connected lumbar strain with degenerative arthritis caused his obesity, or aggravated it. Additionally, an opinion is needed to determine if the Veteran's obstructive sleep apnea is secondary to medications prescribed for his back disability.

The Board remands the claim for service connection for obstructive sleep apnea to provide the Veteran with another VA examination and address concerns raised by the Court regarding the adequacy of previous medical opinions.

The Board remanded the claims for service connection for a back disorder, neck disorder, and obstructive sleep apnea to obtain additional medical opinions due to inadequate VA examinations.

The Veteran's TDIU claim was raised in the context of his initial increased rating claim for lumbosacral strain. The Board found that he did not meet the schedular requirements for a TDIU as set forth in 38 C.F.R. § 4.16(a) prior to July 23, 2019. However, on remand, his claim should be referred to the Director of Compensation Service for extraschedular consideration for a TDIU.

The Veteran withdrew her appeals for increased ratings and service connection for lumbosacral strain with bilateral sacra stress injury, right femur stress fracture with hip contusion, left hip contusion, residuals of a traumatic brain injury, vestibular disorder, and left knee disorder.

The Board has dismissed the claims for service connection for anxiety and entitlement to a compensable evaluation for tension headaches due to the Veteran's grant of service connection for major depressive disorder. The claim for sleep apnea is denied as there is no current diagnosis.

The Board has remanded the claims of service connection for cervical spine and low back disabilities due to deficiencies in the February 2023 VA examiner's opinion. The Veteran must provide an addendum that addresses his reported injuries during service and considers his lay statements.

The Veteran's authorized representative withdrew the appeal for both obstructive sleep apnea and bilateral restless leg syndrome, resulting in their dismissal.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected musculoskeletal disabilities, with obesity serving as an intermediate step.

The Board denied service connection for sleep apnea, finding no evidence of an in-service incurrence or that the condition was caused by a service-connected disability.

The appeal regarding entitlement to service connection for a back disability is dismissed because the Veteran did not timely file an appeal in response to the rating decision issued in December 2020, and good cause to extend the period of time to file the appeal was not shown.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD and tinnitus.

The Veteran's PTSD and OSA have been rated at 70% since May 4, 2020. The Board has granted a TDIU beginning June 15, 2016.

The Board denied service connection for sinusitis and remanded the claim for obstructive sleep apnea due to an inadequate medical opinion.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, plantar fasciitis, right restless leg syndrome, left restless leg syndrome, and sleep apnea due to a lack of current disability. The appeals for these conditions are being remanded as additional medical opinions are needed to address direct service connection and any aggravation by service-connected disabilities.

The Veteran's claims for PTSD, head concussion/TBI, residuals of a head injury (claimed as dizziness), chronic post traumatic headaches, and sleep apnea are being remanded due to the submission of new and relevant evidence.,Verification of in-service stressors is required for the Veteran's PTSD claim. The AOJ will attempt to verify these stressors.

The Board has remanded the Veteran's claims for service connection for OSA and RLS, both secondary to PTSD, due to inadequate medical opinions.

The Board granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder and an earlier effective date of November 14, 2019, for the award of a 70 percent rating for PTSD.

The Board has determined that the July 2019 and June 2020 VA medical opinions are inadequate for adjudicatory purposes due to a lack of discussion on secondary service connection. The Veteran's sleep apnea is remanded for an additional opinion addressing whether it was caused by or aggravated by her service-connected major depressive disorder.