Sleep apnea decisions — 2024

The Board has decided to remand the case due to inadequate opinion in the July 2019 VA contract examiner's report and the need to consider whether sleep apnea is secondary to service-connected PTSD.

The Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected back condition, has been remanded due to a duty-to-assist error. The AOJ must obtain an addendum opinion addressing the etiology of the Veteran's obstructive sleep apnea and whether it was aggravated by his back condition.

The appeal for service connection for sleep apnea was dismissed as the Veteran withdrew his appeal, and the Board found that there were no further allegations of error to review.

The Board remands the claim for service connection of obstructive sleep apnea, secondary to service-connected disabilities, due to a need for an adequate medical opinion addressing both causation and aggravation.

The Veteran's claim for a higher rating for his sleep apnea to include asthma was denied as the evidence did not meet the criteria for a higher rating under Diagnostic Codes 6602 (asthma) or 6847 (sleep apnea).

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and obesity, as well as whether any service-connected disabilities caused or aggravated his obesity.

The Board has determined that the VA examination and opinions provided were inadequate, particularly regarding whether OSA is caused or aggravated by service-connected disabilities. The case is being remanded to obtain an adequate VA examination and opinions.

The Board has denied a higher rating for the Veteran's retained shrapnel, s/p neck wound. The claims for service connection for ED and obstructive sleep apnea are remanded due to insufficient medical opinions. The TDIU claim is also remanded.

The Veteran's appeals for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating in several areas, including obstructive sleep apnea and spondylosis of the thoracolumbar spine.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of April 28, 2017. The Board found that the Veteran continuously pursued his claim since April 28, 2017.

The Veteran's appeal is denied as he did not provide all necessary information to establish his entitlement to additional dependency compensation based on his relationship with T. H. A., his minor child, within one year of the August 2013 rating decision which established compensation and rated a service-connected disability not less than 30 percent.

The Board has denied service connection for degenerative disc disease of the lumbar spine and remanded the issue of service connection for obstructive sleep apnea due to a duty to assist error.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his active service and granted service connection for this condition.

The Veteran's service-connected PTSD and MDD caused his obesity, which in turn aggravated his obstructive sleep apnea. The Board has granted the claim for secondary service connection of OSA on this basis.

The Board has remanded the case due to procedural errors and incomplete records. The Veteran's claims for right knee, left knee, and lumbosacral spine disorders are pending.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for hiatal hernia with GERD was denied as the symptoms did not meet the criteria for a higher rating. Service connection claims for blepharitis, trichiasis, lumbosacral radiculopathy and piriformis syndrome, peripheral neuropathy of the right side, and peripheral neuropathy of the left side were also denied.

The Veteran is granted a TDIU effective August 7, 2020 due to service-connected disabilities. The issue of entitlement to a TDIU prior to that date is remanded for extraschedular consideration.

The Board has granted service connection for a low back disability, bilateral lower extremity radiculopathy, and a psychiatric disorder. The evidence supports the conclusion that these conditions are related to the Veteran's military service.,The VA examiner found no nexus between the claimed low back condition and service, while the private examiner concluded that the Veteran's physical job duties during service likely caused his back condition.

The Board has determined that the Veteran's service-connected adjustment disorder caused his obstructive sleep apnea, and thus grants service connection for OSA as secondary to his service-connected condition.

The Board denied a higher initial disability rating for service-connected sleep apnea, finding that the condition did not manifest as chronic respiratory failure with carbon dioxide retention or cor pulmonale, or the need for a tracheostomy.