Sleep apnea decisions — 2024

The Board has remanded the claims for sleep apnea, hemorrhoids, and acne skin condition due to insufficient evidence of service connection. The Veteran participated in toxic exposure risk activities during her service.

The Veteran's obstructive sleep apnea is being remanded for a VA examination to determine if it began during service or is related to his military service, including any hazardous exposure while serving in Iraq and Kuwait.

The Board denied the Veteran's claims for service connection for various conditions, finding that new and relevant evidence did not support readjudication of these claims. The TDIU claim was also denied as the Veteran's single service-connected condition (hiatal hernia) did not render him unemployable.

The Veteran's asthma and obstructive sleep apnea are remanded for further examination and opinion regarding their relationship to service, with a focus on toxic exposure risk activity.

The Board has decided to remand the claims for lumbosacral and upper thoracic strain with degenerative disc disease and lower cervical strain due to lack of consideration of certain evidence, and requests further development including medical opinions.

The Board has determined that the evidence is insufficient to establish service connection for OSA, and thus remands the case for further development.

The Board has granted service connection for the Veteran's sleep apnea as secondary to his already service-connected major depressive disorder.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea and a total 100 percent disability rating is denied. The Board found that there was no earlier communication or intent to file prior to February 22, 2022.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there is no medical nexus between his current diagnosis and his service. The evidence showed that the Veteran had a mid-thoracic spine injury in service but did not have any chronic back pain or lumbosacral strain symptoms until after service.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected conditions, including panic disorder in remission and chronic pain disorders. Therefore, secondary service connection for OSA is granted.

The Board has found errors in the AOJ's notice and requires that a pre-decisional hearing be provided to the Veteran before the AOJ on all reopened claims.

The Veteran's claims for increased ratings and service connection are remanded due to errors in the duty to assist, including failure to provide proper notice of VA examinations.

The Board has determined that there was a duty to assist error in the original decision and is remanding the case for further development.

The Veteran's service-connected disabilities rendered her unable to secure or follow a substantially gainful occupation, and she was awarded an effective date of November 27, 2019 for TDIU and DEA eligibility.

The Board has remanded the Veteran's claim for service connection of obstructive sleep apnea (OSA) due to his military service, specifically as secondary to his service-connected psychiatric disorder and shoulder pain.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected conditions, including depressive disorder, right and left patellar tendonitis, left knee anterior instability, and right ankle sprain. As such, the appeal for service connection of OSA has been granted.

The Veteran's claim of service connection for insomnia has been dismissed due to the submission of new and relevant evidence. The Veteran is already service connected for sleep disturbances, which subsumes any potential service connection for insomnia.,Service connection for chronic sleep apnea is remanded as there are unresolved issues regarding its relationship to the Veteran's service-connected psychiatric disability.

The Board has dismissed the appeal due to the Veteran's death, and no one has requested substitution for the Veteran.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea, which is currently service-connected.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to a service-connected disability, finding that OSA did not have its onset during service and has not been continuous since then. The evidence does not support a link between the Veteran's service-connected restrictive lung disease and his OSA.