Sleep apnea decisions — 2024

The Board has determined that the evidence is at least in equipoise that the Veteran's obstructive sleep apnea was caused by obesity, which developed due to his service-connected persistent depressive disorder with anxious distress. Therefore, the claim for secondary service connection for sleep apnea is granted.

The Veteran's service-connected disabilities, including unspecified anxiety disorder with unspecified depressive disorder, bilateral knee retropatellar pain syndrome and residuals of left foot fracture with secondary MTPJ, are found to have caused his obesity, which in turn led to his obstructive sleep apnea. Service connection for obstructive sleep apnea is granted.

The Board has decided to remand the case due to a lack of consideration of the appellant's lay statements in the VA clinician's opinion, and to obtain an additional medical opinion addressing the service connection for sleep apnea.

The Board has remanded the case due to new evidence and a need for an adequate TERA examination under the PACT Act. The Veteran's obstructive sleep apnea is presumed related to toxic exposure, but secondary service connection on aggravation of PTSD must be addressed.

The Board has decided to remand the case due to a duty-to-assist error, and will schedule the Veteran for a new VA examination to determine if his obstructive sleep apnea had its onset during service or is otherwise related to service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no persuasive evidence linking his OSA to in-service events or toxic exposure. The Board also found that it is less likely than not that PTSD aggravated his OSA.

The Board denied service connection for OSA, finding that the Veteran's current diagnosis of OSA did not begin during active service and is not related to any in-service injury or disease.

The Board has remanded the cases of OSA and asthma due to insufficient compliance with prior remand instructions. The Veteran's service-connected PTSD is alleged to be related to his sleep disturbances, including nightmares treated with a CPAP machine.

The Board has remanded the claims for increase in disability evaluations and total disability evaluation due to individual unemployability prior to June 3, 2024. The Veteran's disabilities need further assessment by VA medical personnel.

The Veteran's combination of service-connected disabilities, including major depressive disorder with PTSD, obstructive sleep apnea, irritable bowel syndrome, and multiple orthopedic conditions, prevents him from securing or following substantially gainful employment. Effective January 23, 2019, he is granted a TDIU rating.

The Board has determined that the Veteran's sleep apnea had its onset during his active service and granted entitlement to service connection for this condition.

The Board dismissed the claim of service connection for obstructive sleep apnea due to withdrawal by the Veteran's attorney. The right hip condition claim was granted, with a finding that there is at least an approximate balance of evidence supporting a nexus between the right hip condition and the service-connected left knee osteoarthritis.

The Board has granted service connection for rhinitis pursuant to the PACT Act, effective August 10, 2022. Service connection for sleep apnea is remanded due to inadequate medical opinions.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that his current condition is related to military service.

The Board has remanded the claims for service connection for diabetes and sleep apnea on a secondary basis to MDD due to inadequate medical opinions and missing evidence.

The Veteran's PTSD claim was dismissed as the April 2020 rating decision did not constitute a final appealable decision.,Service connection for other specified trauma and stressor related disorder with recurrent, moderate MDD (previously insomnia disorder) was granted with an effective date of March 28, 2024.

The Board has determined that the Veteran's claim for service connection for sleep apnea should be remanded due to errors in obtaining necessary medical opinions and records.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected depressive disorder, finding that the evidence is in approximate balance and resolving all reasonable doubt in favor of the Veteran.

The Board has found that there were errors in the decision-making process and remands the case for proper notice to be provided, as well as a review of the evidence submitted by the Veteran.

The Board has granted service connection for lumbosacral strain and arthritis, finding that these conditions were present in service and have continued since then.