Sleep apnea decisions — 2024

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.

The Board has decided that the Veteran's claim for service connection for sleep apnea should be remanded due to a need for an examination and medical opinion regarding his participation in a TERA during service.

The Veteran's obstructive sleep apnea, bilateral flatfoot, and migraine headaches have been granted initial ratings of 50%, 10%, and noncompensable respectively, all effective February 1, 2021.,These decisions are based on the severity of the disabilities as evidenced by new medical evidence submitted within one year of the June 2021 rating decision.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. The rating for PTSD remains at 50 percent.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to her service-connected unspecified depressive disorder. The decision also reopened the claim due to new and relevant evidence.

The Veteran's appeal to service connect sleep apnea was dismissed because the appeal was not filed within one year of the December 2017 rating decision, and thus is untimely.

The Board has decided to remand the case due to a duty to assist error, and will need additional development including a new VA opinion on the etiology of the Veteran's sleep apnea.

The Veteran's service connection claims for non-allergic rhinitis, obstructive sleep apnea with insomnia and bronchitis, migraine headaches, and a skin disorder in the area of face, head, and back have been granted. However, his claim for service connection for migraine headaches is remanded due to the need for a VA toxic exposure risk activity (TERA) examination under the PACT Act. The claims for service connection for obstructive sleep apnea with insomnia and bronchitis as secondary to service-connected sinusitis are also remanded.

The Board granted service connection for athlete's foot and jock itch, but denied service connection for cellulitis. The initial compensable rating for maxillary chronic sinusitis was also denied.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a failure to submit a completed VA Form 21-526 within one year of her intent to file, despite receiving multiple notices and opportunities.

The Board has remanded the claims of service connection for depression, anxiety, high blood pressure, sleep apnea, and headaches due to pre-decisional duty to assist errors. The Veteran's psychiatric condition is being examined again to determine if it is secondary to his service-connected tinnitus and bilateral hearing loss. A VA examination will also be conducted to determine the nature and etiology of his claimed headache condition.

The Veteran's increased rating claims for lumbosacral strain, left and right lower extremity radiculopathy, and femoral nerve conditions have been denied. The issues were remanded due to procedural errors.

The Veteran's initial rating for a psychiatric disability is denied, and the Board has remanded service connection claims for obstructive sleep apnea, hypertension, and low back disorder due to duty-to-assist errors.

The Board has decided to remand the claims for sleep apnea and left shoulder degenerative arthritis due to insufficient medical opinions addressing whether these conditions are aggravated by service-connected PTSD or lumbar spine conditions.

The Board has remanded the claims for a VA examination and corresponding opinions addressing each claim on a direct incurrence basis, with consideration of the Veteran's contentions of continuity of symptomatology since service.

The claim for service connection remains denied as the new evidence submitted is not relevant. The Veteran's sleep apnea claim is remanded due to duty-to-assist errors.

The Board has granted service connection for generalized anxiety disorder, but denied service connection for sleep apnea. The Veteran's generalized anxiety disorder is linked to his military service and symptoms of sleepwalking, while there is no evidence of a current diagnosis or in-service occurrence of sleep apnea.

The Veteran's sleep apnea (OSA) is remanded due to a recent change in law requiring VA to obtain a medical opinion regarding potential toxic exposure risk activities during service. The Veteran was exposed to Gulf War environmental hazards and must undergo an examination to determine if his OSA is related to military service, including any TERA exposures.

The Board denied service connection for colitis, left shoulder disability, right shoulder disability, and sleep apnea. The evidence did not support a current diagnosis of these conditions.,For colitis, the VA examiner found no basis for the diagnosis of colitis due to lack of colonoscopy confirmation.

The Board has denied service connection for obstructive sleep apnea and type II diabetes mellitus, both claimed as secondary to service-connected PTSD. The evidence does not support a causal relationship between the Veteran's conditions and his service-connected PTSD.