Sleep apnea decisions — 2024

The Board has denied a rating in excess of 10 percent for hypertension, and the case is remanded to assess whether headaches, dizziness, and sleep apnea are secondary to service-connected hypertension.

The Board has decided to remand the case for further development due to the need for additional examinations and records.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current condition is related to his military service.

The Veteran's claim for service connection for lumbosacral strain, dermatitis, and pseudofolliculitis barbae has been reopened due to the submission of new evidence showing a current disability. The claims are now addressed on their merits.

The Board has remanded the Veteran's claim for additional development due to insufficient medical opinions regarding the etiology of his obstructive sleep apnea and obesity.

The Veteran's claims for an effective date prior to February 16, 2018 for the grant of service connection and an effective date prior to November 22, 2020 for the grant of a 50 percent rating for obstructive sleep apnea are denied. The issue of entitlement to an increased rating is dismissed as moot.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities and obesity. His left knee disability remains at a 20% rating, while his right ankle disability does not warrant an increase.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically failing to provide notice of the right to a hearing prior to issuance of the AOJ's initial decision. The Veteran will be provided with proper notice and then the issue will be readjudicated.

The Veteran's DMII, hypertension, and OSA are granted as service-connected.,Service connection for GERD is remanded due to a duty-to-assist error.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which is a substantial factor in causing his current sleep apnea.

The Board has granted the Veteran's request to readjudicate their previously denied claim for service connection for obstructive sleep apnea. The appeal is now remanded for a VA examination to address whether there is a medical nexus between an in-service incurrence and current diagnosis of obstructive sleep apnea, as well as whether it was due to or aggravated by a previously service-connected disability.

The Board has determined that the current decision on appeal is not final and remands the case for further development, including obtaining an opinion regarding whether the Veteran's obstructive sleep apnea (OSA) was caused or aggravated by his service-connected disabilities, as well as considering the PACT Act provisions.

The Veteran's claims for increased ratings for sleep apnea and sinusitis, as well as his claim for TDIU prior to July 29, 2020, were all denied by the Board.,The Veteran was not granted a disability rating in excess of 50 percent for his obstructive sleep apnea. The condition is currently rated at 50 percent.

The Board has remanded all service connection claims due to the need for additional VA and private treatment records, particularly from facilities in the Bronx, Puerto Rico, and Gainesville.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of sleep apnea and whether obesity/weight gain as a result of service-connected disabilities was a substantial factor in causing the OSA disability.

The Veteran's appeal for service connection of sleep apnea was dismissed due to their passing away during the appeal process.

The Board has decided to remand the claim of service connection for sleep apnea due to a duty to assist error and the need for a VA examination.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of September 15, 2021. The Board found that the earliest effective date under the law is March 25, 2019, as the Veteran filed a claim within one year of his Intent to File a Claim for Benefits.

The Veteran's service-connected disabilities, including PTSD, total hip arthroplasty, OSA, lumbar DDD with L4-S1 bulge, radiculopathy of the right lower extremity, and avascular necrosis of the right hip, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's OSA and facial fractures, as well as the etiology of his OSA. Further development is needed.