Sleep apnea decisions — 2024

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's obesity, which is due to his service-connected unspecified depressive disorder and thoracic strain, was a major factor in developing his sleep apnea.

The Veteran's service-connected disabilities have not rendered him unable to secure and follow a substantially gainful occupation, as he is currently enrolled in college and has attempted to re-enter the workforce. The Board finds that his unemployability is due to his mental health conditions rather than his service-connected disabilities.

The Board has decided to remand the case due to a duty-to-assist error regarding service connection for Obstructive Sleep Apnea (OSA).

The Board has granted service connection for a lower back condition, including lumbosacral strain, degenerative arthritis of the spine, and intervertebral disc syndrome. The claim is based on direct service connection due to symptoms that began during service and have continued since.

The Board has determined that no new and relevant evidence was submitted to reopen the claims for service connection for lumbosacral strain, bilateral foot disability, and acne. The Veteran's additional lay statements were found to be cumulative.

The Veteran's appeals for service connection for sleep apnea, asthma, and an increased rating for hypertension have been dismissed due to the Higher-Level Review still being pending at the time of the May 2022 VA form 10182 Notice of Disagreement.

The Board has remanded the Veteran's claims for heat exhaustion, lumbar spine condition, obstructive sleep apnea, acquired psychiatric disorder (including anxiety and OCD), and opiate addiction due to a duty to assist error. The Veteran is not competent to provide medical opinions on these issues.

The Board has remanded several service connection claims due to inadequate examinations and the need for additional medical opinions, including those related to valvular heart disease, keratoconjunctivitis, upper extremity radiculopathy, shoulder pain, carpal tunnel syndrome, a skin condition, shin splints, knee meniscal tear, muscle/tendon strain of the lower leg, and sleep disturbances.

The Veteran's appeal for a higher initial rating in excess of 10 percent for bilateral tinnitus, an increased rating in excess of 10 percent for bilateral hearing loss, and an increased rating in excess of 10 percent for gastroesophageal reflux disease is denied. The case is remanded for further evaluation regarding service connection for sleep apnea.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest during service and is not etiologically related to service or a service-connected disability.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected major depressive disorder, and thus grants service connection for OSA on a secondary basis.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no objective medical evidence of a current diagnosis of sleep apnea close in proximity to or during the pendency of this claim.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to his service-connected disabilities, has been granted. The case is remanded for further development.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected Posttraumatic Stress Disorder (PTSD).

The Board has remanded the case due to a duty-to-assist error and an incomplete medical opinion regarding the Veteran's sleep apnea. The claim will be returned for further evaluation.

The Board has remanded the case due to inadequate opinion regarding secondary service connection for sleep apnea, as it did not address whether the Veteran's current condition would be less severe without aggravation by his service-connected disabilities.

The Board denied service connection for sleep disorder with insomnia, anxiety disorder, and secondary service connection for sleep apnea and sciatica as they were not related to the Veteran's service-connected lumbar spine disability. The Veteran's current diagnoses of sleep apnea and sciatica are assumed based on the evidence but do not meet the criteria for service connection.

The Board has remanded the Veteran's claims for obstructive sleep apnea and tinnitus due to potential errors in duty to assist, specifically regarding the need for additional medical opinions addressing theories of entitlement.

The Board has decided that the Veteran's vertigo and obstructive sleep apnea are not secondary to his service-connected tinnitus, but new medical opinions are needed to determine if they were aggravated by it.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected asthma and PTSD should be remanded due to inadequate opinions in previous VA examinations.