Sleep apnea decisions — 2024

The Board has decided to remand the case due to inadequate VA examination, and a new opinion is needed regarding whether the Veteran's sleep apnea had its clinical onset during active service or is related to any in-service disease, event, or injury.

The Board has remanded the case due to a duty-to-assist error and for further examination regarding service connection for obstructive sleep apnea. The examiner is required to provide opinions on whether the OSA is related to service, secondary to service-connected conditions, or due to Gulf War exposure.

The Board has decided to remand the claim of service connection for sleep apnea, including as secondary to hypertension. The decision is based on a lack of contemporaneous medical evidence and an inadequate VA opinion.

The Board has remanded the case due to an inadequate VA examination, and new evidence will be considered.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and right lumbosacral radiculopathy at L5-S1 associated with intervertebral disc disease were denied. The Board found that the evidence did not support a higher rating than 20 percent for the left lower extremity condition or 10 percent for the right lumbosacral radiculopathy.

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that his current diagnosis is directly related to his active duty service.

The Board has determined that the AOJ erred in not considering the Veteran's request for an extension of time to file a supplemental claim due to the COVID-19 national emergency. The claims for earlier effective dates for TDIU and DEA are remanded for further adjudication.

The Board denied service connection for sleep apnea, bilateral hearing loss, tinnitus, left eye glaucoma, right eye glaucoma, and tinea pedis due to a lack of evidence showing the conditions were incurred or aggravated by military service. The Veteran's claims for these conditions are therefore denied.

The Veteran's claims for service connection for various disabilities, including TBI, vertigo, sleep apnea, and neurological impairment of the upper and lower extremities due to cold exposure, have been dismissed. The Board found that the Veteran does not have these conditions or their claimed causes.

The Board has granted service connection for a lumbar spine disability and an acquired psychiatric disorder, finding that these conditions are at least as likely as not related to service.

The Board has decided to remand the claims for service connection and increased ratings due to incomplete records, including a lack of private treatment records. The Veteran's Meniere's disease and obstructive sleep apnea are being reviewed again as there may be new evidence or information that was not considered previously.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected lumbar spine DDD, finding that there is no current diagnosis of OSA and insufficient evidence to establish a nexus between the condition and his service-connected disability.

The Veteran's sleep apnea is being remanded for further examination and opinion due to potential toxic exposure from burn pits during his service in Southwest Asia. The Board finds a need to comply with the PACT Act provisions.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to his active service, including as secondary to service-connected PTSD. The decision is based on a lack of medical opinion addressing the relationship between the Veteran's current disability and his military service, particularly considering potential toxic exposure.

The Board has dismissed all issues related to the Veteran's claims for increased ratings and service connection, as the appellant withdrew their appeal prior to a decision being made.

The Veteran's service connection for OSA is granted, while the claims for service connection for an acquired psychiatric disorder and TDIU are remanded due to duty-to-assist errors.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment from December 2019 to March 5, 2020. As of March 5, 2020, the Veteran received a combined total rating of 100%, making the TDIU issue moot.

The Veteran's sleep apnea is granted as service-connected, while his TBI and other conditions are denied. The left knee instability receives a separate rating of 20 percent.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not secondary to his service-connected right elbow disability, left second metatarsal stress fracture disability, lumbar spine disability, or tinnitus.

The Board has decided that the Veteran's left knee disorder is not service connected, and has remanded for further action on his claim of sleep apnea.