Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for sleep apnea. The issue of service connection for an acquired psychiatric disorder is remanded due to insufficient medical opinions.

The Board has granted an initial rating of 40 percent for hypertension, but is remanding the issue of service connection for sleep apnea as secondary to hypertension.

The Veteran's initial rating for a lumbar spine disability is denied, but he receives an initial rating of 20 percent for right lower extremity sciatic radiculopathy.

The Board denied the Veteran's claim for service connection of Obstructive Sleep Apnea, finding that there is no evidence showing a relationship between his obesity and any service-connected disability. The Board also found insufficient evidence to establish a link between his OSA and either his service or a service-connected condition.

The Veteran's mixed sleep apnea and GERD are being remanded for further evaluation due to a duty to assist error. The VA examiner is requested to provide opinions on whether the conditions are aggravated by service-connected asthma, allergic sinusitis, diabetes mellitus type 2, hypertension, or asthma.

The Board has found that the VA opinion provided insufficient basis to decide the sleep apnea claim and has ordered a new VA examination and opinion. The Veteran's service-connected TBI/PTSD is being considered as potentially causing or aggravating his current sleep apnea.

The Board has decided to remand the claims for service connection for bronchial asthma and sleep apnea due to inadequate medical opinions regarding their etiology. Additional development is needed.

The Board has granted the Veteran's request to reopen their claim of service connection for obstructive sleep apnea and remanded it for further examination.

The Board has determined that the reduction of the disability rating for lumbosacral strain with degenerative arthritis from 20 percent to 10 percent, effective November 18, 2021, was improper and has restored the prior 20 percent disability rating. The Veteran's appeal also includes a remanded issue regarding entitlement to an increased disability rating for GAD.

The Veteran's obstructive sleep apnea is remanded due to the need for a VA examination and medical opinion regarding his service connection claim, including consideration of burn pit exposure during deployment.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his claims of service connection for an acquired psychiatric disorder and tension headaches. The initial rating claim for lumbosacral strain remains denied.

The Board has granted service connection for left lower extremity muscle condition with muscle atrophy as secondary to the left knee strain. However, the claim for lumbosacral strain remains pending and requires further examination.

The Board has granted the Veteran's claim for an effective date of March 31, 2018 for service connection of obstructive sleep apnea. The decision is based on new and material evidence submitted in November 2019.

The Board has remanded the Veteran's claims for cervical spine disorder and obstructive sleep apnea due to insufficient opinions regarding the etiology of these conditions. The VA examiners did not adequately consider the Veteran's lay statements or provide a rationale for their negative opinions.

The Veteran's claim for service connection for sleep apnea is granted due to the submission of new and relevant evidence, but the case is remanded for a VA examination.

The Veteran's claims for service connection are being remanded due to incomplete STRs and the need for additional examinations. The issues of gout, bilateral knee disorder, bilateral ankle disorder, OSA, multiple painful joints, upper and lower back disorders, and bilateral hearing loss are all being addressed.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, residuals of a cerebrovascular accident (CVA), and bilateral ischemic optic neuropathy as secondary to his service-connected bilateral hearing loss due to inadequate medical opinions regarding the etiology of these conditions.

The Board has decided that the Veteran's disability rating for lumbosacral strain should be remanded due to inadequate examination and failure to consider lay statements of record.

The Board has determined that there were duty to assist errors in the previous rating decisions and remanded the case for further development. The Veteran's claim of service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder is being remanded due to inadequate medical opinions.

The Board has determined that the AOJ should have obtained another evaluation or additional clarification prior to making a decision on the Veteran's claim, due to a pre-decisional duty to assist error. The case is being remanded for further assessment of the Veteran's service-connected disabilities and their effects on his employment.