Sleep apnea decisions — 2024

The Board has remanded the claims of service connection for headaches, hypertension, a cervical spine disability (claimed as chronic muscle tension), diabetes mellitus, type II (DMII), and sleep apnea due to duty-to-assist errors.

The Board has decided to remand the case due to a duty-to-assist error in the November 2020 VA examination, and additional evidence is needed to determine if OSA was incurred during service or caused by service-connected conditions.

The Veteran withdrew his appeals for initial increased ratings for PTSD, OSA, and chronic kidney disease. The issues are dismissed as a result.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's right ankle disability with obesity acting as an intermediate step. The opinion of a private medical provider established that the Veteran's obesity was caused by his service-connected right ankle disability and was a substantial factor in causing his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected posttraumatic stress disorder, lumbosacral spine degenerative disc disease (DDD), and right shoulder impingement syndrome with acromioclavicular DJD and supraspinatus rotator cuff strain. Obesity was considered an intermediate step in the development of OSA.

The Board denied the Veteran's claim for service connection due to a final rating decision from September 6, 1967, which found that his conditions were not incurred or aggravated by service.

The Board has decided to remand the cases for further development due to inadequate evaluations of the Veteran's service-connected low back strain and COPD with OSA.

The Board has decided to remand the case due to insufficient development and need for a new VA examination to determine if the Veteran's lumbar spine disorder is related to service or aggravation of a congenital abnormality.

The Veteran's acquired psychiatric disorder, unspecified anxiety disorder, is granted as service-connected. The claims for unspecified depressive disorder, PTSD, lumbosacral strain, sciatica (secondary to lumbosacral strain), and hiatal hernia are remanded.

The Board remands the claim for service connection for sleep apnea due to additional development needed, including obtaining outstanding records related to motor vehicle accidents and any relevant incidents.

The Veteran's appeal for an increased rating for lumbosacral strain was dismissed due to the death of the appellant.

The Veteran's lumbosacral strain and degenerative arthritis/degenerative disc disease did not meet the criteria for a higher rating, as his range of motion was within the limits specified for a 10% rating.

The Board has remanded the claim of service connection for sleep apnea due to inadequate examination and duty to assist error, requiring further development including a VA examination.

The Board granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea, resolving reasonable doubt in the Veteran's favor.

The Veteran's claims for service connection for asthma and obstructive sleep apnea (OSA) are being remanded due to incomplete records and the need for further medical opinions.

The Veteran's appeal has been dismissed as he requested to withdraw his appeals.

The Board has determined that additional medical opinions are needed to address the service connection claims for sleep apnea and rhinitis due to incomplete or conflicting evidence in the record.

The Board has decided to remand the Veteran's claim of service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities, including posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and alcohol use disorder. The decision is based on a duty to assist error regarding the etiology of the Veteran's obesity.

The Board remands the claim for service connection for sleep apnea to correct a duty to assist error related to an inadequate VA examination.

The Board has decided to remand the claim for service connection of sleep apnea as secondary to bronchial asthma due to a duty-to-assist error in providing an inadequate VA medical opinion.