Sleep apnea decisions — 2024

The Board has denied the claim for service connection of obstructive sleep apnea (OSA) as it was not incurred in service.

The Veteran's claim for a higher disability rating for lumbosacral strain was denied as the effective date cannot be prior to November 5, 2020, due to the factual establishment of the criteria for a 20 percent rating on that date.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no in-service onset of the condition and thus not meeting the second element of service connection.

The Veteran's asthma with obstructive sleep apnea is remanded due to inadequate VA examinations and the need for pulmonary function tests (PFTs).

The Board has remanded the claims for service connection for shortness of breath and sleep apnea due to a duty to assist error. The Veteran's claim for service connection will be reconsidered with addendum opinions from an appropriate examiner.

The Board has decided to remand the case due to an inadequate VA opinion regarding service connection for sleep apnea. The Veteran's claim will be reviewed again with a new examination and medical opinions.

The Veteran's claim for an increased rating for lumbosacral strain with IVDS was denied as the evidence did not meet the criteria for a higher rating, specifically forward flexion of the thoracolumbar spine to 30 degrees or less.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is secondary to his service-connected acquired psychiatric disorder and obesity as an intermediate step.

The Board has remanded the claims of service connection for erectile dysfunction, bilateral knee conditions, and obstructive sleep apnea due to insufficient evidence.

The Board has determined that new and relevant evidence received since the August 2013 rating decision warrants readjudication of the claim for service connection for Obstructive Sleep Apnea (OSA), to include as secondary to service-connected thyroid cancer.,The Veteran's Seborrheic Keratosis claim remains denied due to lack of new and relevant evidence.

The Board has determined that the Veteran's Obstructive Sleep Apnea is caused or aggravated by his service-connected Posttraumatic Stress Disorder, and thus grants service connection for OSA on a secondary basis.

The Veteran withdrew their appeal, and the Board dismissed the case as a result.

The Veteran's claims for service connection of recurrent lumbosacral spine, right knee, and left knee disabilities are remanded due to the need for additional medical examinations.

The Veteran's appeal for the claims of entitlement to service connection for joint osteoarthritis, left knee; hypertension; obstructive sleep apnea; and hypothyroidism, secondary to service-connected squamous cell carcinoma has been withdrawn by the Veteran's attorney.

The Veteran's claim for an initial compensable rating for erectile dysfunction was denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic code.,The Veteran's claims for service connection for sleep apnea and major depression with anxiety were remanded due to insufficient development of the record.

The Veteran's obstructive sleep apnea is found to be proximately due to or aggravated by his service-connected posttraumatic stress disorder, and thus granted as secondary service connection.

The Board has decided to remand the case due to inadequate examination opinions regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea, as well as the potential role of obesity in causing or aggravating his OSA.

The Board has granted service connection for cervical spine degenerative arthritis, right shoulder rotator cuff tear, right hip disability (iliopsoas tendinitis, strain, and trochanteric pain syndrome), left hip disability (strain and trochanteric pain syndrome), migraine headache disability, and obstructive sleep apnea on a direct basis.,The Board has also granted service connection for the Veteran's migraine disability and OSA secondary to his service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for service connection for CAD, diabetes, hypertension, and OSA as secondary to multiple service-connected disabilities, including obesity as an intermediary step. The AOJ is instructed to obtain addendum opinions from a VA examiner regarding TERA exposure, causation, aggravation, and obesity.

The Board has remanded the case due to a failure to comply with the duty to assist, and is requesting new VA examination opinions on direct service connection for OSA and secondary service connection for OSA as caused by major depressive disorder.