Sleep apnea decisions — 2024

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected lumbosacral strain, finding that the weight gain and obesity resulting from the lumbosacral strain are substantial factors in causing the current sleep apnea.

The Veteran's appeal for service connection for sleep apnea and left wrist tendonitis was dismissed as the Veteran withdrew her appeal through her authorized representative.

The Board has remanded the claims for GERD and OSA as secondary to service-connected back disability due to a lack of opinion regarding these theories.

The Veteran's OSA is proximately due to his service-connected PTSD, and the Board has granted service connection for OSA on a secondary basis.

The Board remands the claim for service connection of obstructive sleep apnea to correct a pre-decisional duty to assist error and to address the Veteran's contention that his condition is related to his deployment in the Persian Gulf during Operation Desert Shield and Desert Storm.

The Board has granted service connection for radiculopathy of the right and left lower extremities as secondary to a service-connected lumbosacral strain with degenerative arthritis and disc disease. Service connection for bilateral hearing loss was denied.

The Veteran's sleep-disordered breathing, hypertension, inflammatory enthesopathy of the left hand, and arthritis of the left hand are all found to be related to his service. The Veteran is granted a disability rating of 70 percent for PTSD with unspecified neurocognitive disorder effective August 18, 2017.

The Board has decided to remand the claims for fatigue, ED, and OSA as secondary to PTSD due to service in Southwest Asia. Additional medical examinations are needed to determine if these conditions are related to service or other factors.

The Veteran's claim for service connection for sleep apnea is remanded due to a duty-to-assist error. A VA examination is needed to determine the relationship between the Veteran's current sleep apnea and his military service, including any TERA exposure.

The Veteran withdrew their appeal for service connection of obstructive sleep apnea (OSA) before the Board could make a decision.

The Board remands the claims for service connection for lumbosacral strain and radiculopathy in the bilateral lower extremities to ensure a complete record is available.

The Board denied an earlier effective date for the Veteran's service connection for sleep apnea, finding that his June 2003 claim did not reasonably raise a claim for sleep apnea.

The Veteran's OSA requires the use of a CPAP machine, and a pre-aggravation baseline has not been established by the medical evidence. Therefore, a 50 percent rating for OSA is granted.

The Board has decided to remand the case due to a duty to assist error in not obtaining a VA examination and opinion regarding service connection for sleep apnea, which is related to presumed toxic exposures during service. The Veteran's active service included participation in a toxic exposure risk activity (TERA).

The Veteran's claim for SMC based on the need for aid and attendance or housebound status due to service-connected disabilities prior to December 2, 2019, and from February 1, 2021, is denied as he did not meet the criteria for such benefits.

The Veteran's claim for service connection for tinnitus is granted. The claim for sleep apnea is denied. The claims for left and right knee conditions are remanded.

The Board has decided to remand the case due to a pre-decisional duty-to-assist error, requiring an addendum opinion regarding the nature and etiology of the Veteran's claimed Obstructive Sleep Apnea.

The Veteran's service-connected disabilities, including lumbosacral strain, right lower extremity lumbar radiculopathy, right hip arthritis, and right knee arthritis, have rendered him unable to secure or follow substantially gainful employment since March 16, 2021. His TDIU is granted with an effective date of March 16, 2021.

The Board denied service connection for obstructive sleep apnea as there is no evidence of its onset during or within one year after service, and the Veteran's own statements are not credible. The Board found that OSA did not have a nexus to his service-connected tinnitus.

The Board has remanded the case for further evaluation of the Veteran's bilateral hearing loss claim due to a pre-decisional error in the previous VA audiological examination.