Sleep apnea decisions — 2024

The Veteran's initial evaluation for supraventricular arrhythmia (atrial fibrillation) is denied as it does not meet the criteria for a higher than 10 percent rating.,Service connection for obstructive sleep apnea is remanded due to inadequate examination and potential PACT Act requirements.

The Board has remanded the claims for service connection due to insufficient medical opinions and missing records. The Veteran's conditions are related to his active duty, but additional evidence is needed.

The Board has decided to remand the Veteran's claims of service connection for bilateral pes planus, plantar fasciitis, lumbosacral strain, left knee strain, and right knee strain due to insufficient rationale in the VA examiners' opinions.

The Board dismissed the appeals for increased disability ratings for lumbosacral strain with intervertebral disc syndrome, left and right lower extremity peripheral neuropathy.

The Board has determined that the Veteran's sleep apnea is not caused or aggravated by their service-connected allergic rhinitis, and thus remanded for further examination to clarify this issue.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation, as he has completed at least four years of college and worked as a college professor for over 30 years. The Board finds that the combined effect of his service-connected conditions does not preclude him from participating in a substantially gainful occupation.

The Board denied the Veteran's claims for effective dates prior to October 20, 2021, for service connection of intervertebral disc syndrome (IVDS) with sacroiliac injury, lumbosacral strain, and degenerative disc disease (DDD), left lower extremity radiculopathy secondary to IVDS, right lower extremity radiculopathy secondary to IVDS, and a linear low back scar microdiscectomy as secondary to IVDS.

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed due to his death during the pendency of the appeal.

The Board has decided to remand the case due to inadequate medical opinions and a need for further examination regarding the Veteran's sleep apnea. The claim will be reconsidered with new evidence and an updated opinion.

The Veteran's claims for service connection for obstructive sleep apnea and diabetes mellitus type 2 are denied as the evidence does not establish a direct or secondary relationship to his military service.,The Veteran's claim for service connection for PTSD is remanded due to a pre-decisional duty to assist error in failing to verify the claimed stressor.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea (OSA). The VA examiner was asked to provide an opinion on whether OSA is caused or aggravated by PTSD, as well as whether obesity, a potential intermediate step, contributed to OSA.

The Board has determined that the Veteran's current diagnosis of sleep apnea is causally related to his service-connected shoulder impingement syndrome with glenohumeral and acromioclavicular joint osteoarthritis, adjustment disorder with mixed anxiety and depressed mood, degenerative arthritis of the spine with spinal stenosis, and left lower extremity sciatica, radiculopathy. Therefore, service connection for sleep apnea is granted.

The Board denied the Veteran's claims for service connection for kidney/renal condition (shunts) and respiratory disability other than obstructive sleep apnea (COPD), finding no new evidence to support these claims, and concluding that there is insufficient competent medical evidence to establish a relationship between any current disabilities and service.

The Board has decided to remand the case due to a lack of adequate medical opinion regarding whether the Veteran's OSA is related to service or secondary to his diabetes. The AOJ must obtain an addendum opinion addressing these issues.

The Veteran's claim for an initial compensable rating for lumbosacral spine degenerative disc disease is being remanded due to a lack of adequate examination at the time of service connection.

The Board has decided to remand the case due to a lack of a TERA examination for OSA and an inadequate nexus opinion. The Veteran's service connection claim will be reconsidered with a focus on whether his OSA is related to in-service exposure to environmental contaminants, including burn pits.

The Board has remanded the case due to a pre-decisional duty to assist error and the need for additional medical opinions regarding the Veteran's sleep apnea, including whether it is related to service-connected PTSD or toxic exposure during service.

The Board has remanded the case to obtain a medical opinion regarding whether the Veteran's OSA was aggravated by his PTSD, and if so, what role weight gain from PTSD played in causing or aggravating his OSA.

The Board has remanded the Veteran's claims of service connection for low back disability, acquired psychiatric disability (unspecified depressive disorder and insomnia), and sleep apnea due to pre-decisional duty-to-assist errors. The issues will be reconsidered with additional medical opinions.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected unspecified depressive disorder.