Sleep apnea decisions — 2024

The Board has found a pre-decisional duty-to-assist error due to missing VA treatment records and examination reports, which may be pertinent to the appeal of the grant of service connection for obstructive sleep apnea. The case is REMANDED to obtain these records.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected adjustment disorder with anxiety and depressed mood; degenerative arthritis of the lumbar spine; and/or status post balloon dilation with mild dysphagia, including obesity as an intermediate step. As such, the claim for secondary service connection for obstructive sleep apnea has been granted.

The Board has reinstated the Veteran's lumbosacral strain rating from 40% to 20%, effective September 1, 2022. The reduction was not proper due to a failure to show actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran withdrew his appeal for service connection of shoulder strain and sleep apnea, thus the Board dismissed these issues.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's obstructive sleep apnea, as the AOJ failed to obtain such an examination in its initial decision.

The Board has granted service connection for obstructive sleep apnea and an initial rating of 30 percent for migraine headaches. The Veteran's OSA is found to be caused by his already service-connected GERD, while his migraines are characterized by characteristic prostrating attacks occurring once a month.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and bilateral foot disorder due to incomplete or inaccurate factual premises in previous opinions. Additional medical opinions are needed regarding the etiology of these conditions.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is not related to his service or service-connected PTSD.

The Board has decided to remand the case due to inadequate examination and needs a new opinion on whether service-connected disabilities caused or aggravated obesity, which in turn led to obstructive sleep apnea.

The Board has determined that the Veteran's sleep apnea is proximately due to service and grants service connection for this condition.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records.

The Veteran's left knee degenerative arthritis with repaired meniscal tear is granted service connection. The issue of service connection for obstructive sleep apnea (OSA) related to his service-connected asthma is remanded.

The Veteran's claim for service connection for vision disability, flight dizziness, and sleep apnea is being remanded due to the need for additional development related to his exposure to burn pits during military service.,Specifically, the PACT Act requires VA to provide a medical examination and opinion regarding the relationship between the Veteran's current disabilities and his exposure to toxic substances.

The Board has granted service connection for PTSD, but the claim for sleep apnea is remanded due to a duty to assist error.

The Board has remanded the case due to a lack of an adequate VA medical opinion regarding the etiology of the Veteran's sleep apnea. The Veteran and his wife have provided lay statements describing symptoms observed during service, which need to be considered in the new examination.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Board has determined that the Veteran's OSA is related to her service-connected PTSD, and thus service connection for OSA is granted.

The Board has decided to remand the claim of entitlement to service connection for sleep apnea, including as secondary to other service-connected disabilities. The decision is based on the need for additional medical opinions regarding the nature and etiology of the Veteran's claimed sleep apnea.

The Veteran's lumbosacral spondylolisthesis was evaluated at a 10 percent disability rating, as the evidence did not meet criteria for higher ratings. The Board found that the Veteran's symptoms and range of motion were consistent with a 10 percent rating.

The Board denied the appellant's request for attorney fees based on reimbursement of expenses related to the Veteran's funeral and burial costs. The appellant was only entitled to the amount necessary to cover these expenses, as she did not meet the eligibility criteria for accrued benefits.