Sleep apnea decisions — 2024

The Board has denied the Veteran's claims for service connection for high cholesterol, back disability, pulmonary granulomas, sleep apnea, COPD, Crohn's disease, headaches, heart disability, seizure disorder, myoclonic jerk disorder, and rhinitis due to a lack of evidence linking these conditions to his active service.

The Board has decided to remand the case due to a duty-to-assist error and insufficient evidence regarding the Veteran's sleep apnea claim. The case will be returned for an additional VA examination.

The Board granted service connection for obstructive sleep apnea (OSA) secondary to the Veteran's service-connected post-traumatic stress disorder (PTSD), with obesity as an intermediate step, due to a balanced opinion that the Veteran's PTSD caused his OSA via obesity.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depressive disorder due to chronic pain syndrome with depressive features, and right knee chondromalacia patella with spurring. The decision is based on multiple medical opinions that support a nexus between the Veteran's service-connected conditions and his current obstructive sleep apnea.

The appeal to reduce the rating for lumbosacral strain from 40 percent to 10 percent has been dismissed as the proposed reduction was not an adjudicative determination and the Veteran withdrew his appeal.

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected post-traumatic stress disorder (PTSD).

The Board has remanded the case due to inadequate medical opinion and a potential PACT Act exposure claim. The Veteran's sleep apnea is being reviewed for service connection, presumptive toxic exposure under the PACT Act, and aggravation by his service-connected PTSD.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, including obesity. The evidence did not show a direct relationship between the service-connected conditions and OSA.

The Board denied service connection for obstructive sleep apnea, finding that the evidence does not support a direct or secondary relationship to active service or a service-connected disability.

The Board has denied the Veteran's claims for service connection for lumbosacral strain and right ankle lateral collateral sprain, finding that the evidence does not support a causal relationship between these conditions and his in-service injuries.

The Board has determined that the evidence is at least in balance as to whether the Veteran's obstructive sleep apnea (OSA) is due to his service-connected knee disabilities. As such, the benefit of doubt has been given to the Veteran and service connection for OSA secondary to his knee disabilities has been granted.

The Veteran's erectile dysfunction was granted service connection as directly related to military service.,Service connection for obstructive sleep apnea was denied due to lack of a causal relationship with the Veteran's service-connected major depressive disorder or tinnitus.,Service connection for gastroesophageal reflux disease (GERD) was denied because there is no evidence linking GERD to the Veteran's service-connected major depressive disorder.,Service connection for vertigo was denied as there is no established link between the Veteran's service-connected tinnitus and his vertigo.

The Veteran's appeal for an increased rating in excess of 100 percent for the service-connected psychiatric disability from August 16, 2020 is denied as he is already receiving the maximum schedular disability rating. The case for service connection for obstructive sleep apnea (OSA) due to the service-connected psychiatric disability is remanded.

The Veteran's claims for service connection are being remanded due to the need for further evaluation and consideration of evidence.,The Veteran is not entitled to a compensable disability rating for his left ear hearing loss.

The Board dismissed the Veteran's appeal regarding his claim for service connection for sleep apnea due to untimeliness of the VA Form 10182. The Veteran's claim for an initial disability rating greater than 10 percent for service-connected tinnitus was denied as there is no legal basis for a higher schedular evaluation.

The Board remands the claim for service connection for sleep apnea due to a pre-decisional duty to assist error, requiring an addendum medical opinion.

The Veteran's asthma has been granted service connection due to presumed exposure to fine particulate matter during his service in the Gulf War. The Veteran's tinnitus was denied as not shown in service or within one year of discharge, and not otherwise etiologically related.,Service connection for sleep apnea is remanded due to a lack of an examination. Service connection for a psychiatric disability (to include PTSD, Anxiety) and erectile dysfunction are also remanded.

The Board has remanded the claims of service connection for an acquired psychiatric disability, to include PTSD, and obstructive sleep apnea due to inadequate medical examinations and opinions.

The Veteran withdrew his appeal concerning the issues of service connection for advanced facet disease, increased ratings for prostate cancer residuals, psychiatric disability, and a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).

The Board has determined that new and relevant evidence has been received to readjudicate the claim of service connection for Gulf War Syndrome. The case is remanded for further review.