Sleep apnea decisions — 2024

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed due to the withdrawal of his representative.

The Board has remanded the Veteran's claims for further development regarding potential exposure to PFAS firefighting foam and for a VA examination to determine the nature and etiology of his shoulder conditions.

The Board has denied the Veteran's claims for service connection for lumbosacral strain with spinal stenosis, cervical strain with intervertebral disc syndrome and spinal stenosis, LLE radiculopathy with foot drop, and RLE radiculopathy with foot drop. The evidence of record does not support a finding that any of these conditions began during active service or is otherwise related to an in-service injury or disease.

The Board has granted earlier effective dates of June 25, 2021 for the awards of a total disability rating due to individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment consistent with his educational and occupational history.

The Board has decided to remand the case due to missing military records and unlegible medical records, requiring further development.

The Board has remanded the claims for service connection for arthroplasty right knee, sleep apnea, and skin rash due to inadequate medical opinions and need for further examination.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related or aggravated by his service-connected hypertension and PTSD. The VA needs to provide updated opinions addressing these issues.

The Board denied service connection for OSA, finding that the evidence does not support a link between the condition and active service or any related exposures. The claim was also not granted as secondary to PTSD.

The Board has denied the Veteran's claims of service connection for sleep apnea, eczema, cervical disability, and back disability due to a lack of evidence supporting these conditions were incurred or aggravated by active service.

The Board has remanded the Veteran's claims for sleep apnea and prostate issues due to insufficient medical opinions addressing potential secondary service connection. The claims will be returned for further development.

The appeal of the February 2023 letter notifying the Veteran about filing a claim for service connection for obstructive sleep apnea (OSA) to include as secondary to his service-connected unspecified depressive disorder with unspecified anxiety disorder is dismissed.

The Board denied the Veteran's claims of service connection for right ankle disorder, sinusitis (secondary to nasal fracture), sleep apnea (secondary to nasal fracture), and left ankle disorder. The evidence did not support a finding that these conditions began during or were related to service.

The Veteran's OSA and chronic sinusitis are granted separate ratings of 50 percent and 10 percent, respectively.

The Board has granted service connection for OSA as secondary to the Veteran's right knee disability with obesity. The left foot pes planus, right foot pes planus, and left knee disability claims are remanded due to pre-decisional duty-to-assist errors.

The Board has decided to remand the case due to a duty-to-assist error, requiring the AOJ to obtain a new VA medical opinion regarding the Veteran's claim for service connection for lumbosacral strain.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected asthma, finding that there is at least a 50% likelihood that her sleep apnea was caused or aggravated by her asthma.

The Veteran's claim for service connection for allergic rhinitis on a presumptive basis as due to exposure to particulate matter is granted. The claims for service connection for sleep apnea, migraines, and sinusitis are dismissed.

The Board denied service connection for obstructive sleep apnea, finding that it did not originate in active service or until years thereafter and was not otherwise etiologically related to active service. The Board also found that the Veteran's service-connected acquired psychiatric disorder (PTSD) is not the cause of his obstructive sleep apnea.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis, left lower leg radiculopathy (sciatic nerve), and right lower leg radiculopathy (sciatic nerve) was granted effective May 7, 2021.