Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected other specified trauma and stressor-related disorder.

The Board has decided to remand the case due to errors in obtaining relevant medical records and issues with the opinion regarding aggravation of sleep apnea by service-connected PTSD.

The Board dismissed the Veteran's appeals for service connection of a right knee disability and sleep apnea because he did not timely file his VA Form 10182, which is required to appeal these decisions. The Board found that good cause had not been shown to extend the filing deadline.

The Veteran's claim for earlier effective date of October 24, 2019 for the grant of service connection for diabetes mellitus type II was granted. The claim for earlier effective date prior to October 24, 2019 for obstructive sleep apnea was denied.

The Board denied service connection for obstructive sleep apnea, finding that it did not manifest during service and is not etiologically related to service or the service-connected PTSD.

The Board has decided to remand the claims of service connection for obstructive sleep apnea and a respiratory disability due to duty-to-assist errors.

The Veteran's PTSD is granted with an initial 70 percent rating, and service connection for sarcoidosis is also granted. The remaining issues of service connection for jaw disability, back disability, and sleep apnea are remanded.

The Board has determined that the Veteran's sleep apnea is related to his active service and granted service connection for this condition.

The Veteran's service-connected disabilities met the percentage requirements for a schedular TDIU on August 7, 2020, and he was precluded from securing and following substantially gainful employment as of this date. An effective date of August 7, 2020, is granted for the grant of TDIU.

The Board has remanded the Veteran's claims for service connection for sleep apnea and cervical degenerative disc disease (neck surgery) due to insufficient medical opinions regarding the etiology of these conditions. The VA is required to provide a disability examination and medical opinion for his claim for service connection for sleep apnea, considering total potential exposure through all applicable military deployments and service, as well as the synergistic and combined effect of all TERA exposures.

The Board has remanded the issues of service connection for kidney cancer, diabetes mellitus type II as secondary to morbid obesity and kidney cancer, and obstructive sleep apnea as secondary to morbid obesity due to the need for further development. The Veteran's claims are not supported by evidence that his conditions were caused or aggravated by his service-connected disabilities.

The Board has determined that the Veteran's currently diagnosed OSA had its onset during his active service, and therefore grants service connection for OSA.

The Board granted service connection for obstructive sleep apnea and migraine headaches, finding a relationship to the Veteran's active duty service.

The appeal for the effective dates of service connection and SMC at housebound rate has been dismissed due to the Veteran's death.

The Board has remanded the case due to errors in the initial decision and new requirements under the PACT Act. The Veteran's sleep apnea is being reviewed for its onset during service or related to Gulf War service, with consideration of potential exposure to fine particulate matter.

The Board has determined that the Veteran's need for regular aid and attendance is remanded, as well as a reasonably raised claim for temporary total disability rating due to lumbar spine surgery. The AOJ will conduct further evaluations and adjudications.

The Board has determined that it is at least as likely as not that the Veteran's OSA is proximately due to or aggravated by his service-connected PTSD and deviated nasal septum, resolving all doubt in favor of the Veteran.

The Board has remanded the appeals for heart disorder, stroke residuals, sleep apnea, and gastroesophageal reflux disease (GERD) due to inadequate opinions in previous VA examinations.

The Veteran's claim for service connection for chest pain as secondary to sleep apnea is being remanded due to the complexity of the issue and potential need for additional evidence.,Service connection has been granted for sleep apnea, but a compensable initial rating for valvular heart disease, cardiomyopathy remains denied.

The Board has remanded the claims for service connection for OSA and hypertension due to exposure to toxins during Gulf War service, as well as their relationship to PTSD.