Sleep apnea decisions — 2024

The Veteran is seeking to have a March 2, 2009 rating decision that evaluated her rosacea as noncompensable under DC 7899-7825 revised due to CUE. The AOJ did not consider the applicability of DC 7800 and reviewed an outdated examination.

The Veteran's claim for service connection for sleep apnea has been granted, with the restoration of disability ratings for GERD, lumbar spine disability, and left lower extremity radiculopathy from March 22, 2019. The Veteran's PTSD rating remains at 70%.

The Veteran's claim for an earlier effective date of November 18, 2007, for the grant of service connection for obstructive sleep apnea was denied. The Board found that there is no basis for the assignment of an effective date earlier than March 12, 2012.

The Veteran's claims for radiculopathy of the right and left lower extremities have been granted. The appeal is dismissed as these issues are no longer in dispute.,Right ear hearing loss was denied due to lack of audiometric findings meeting VA criteria.

The Board has granted service connection for sleep apnea syndrome as secondary to the Veteran's service-connected cervical spine degenerative disc disease and depressive disorder. The decision also acknowledges that obesity may be an intermediate step between these conditions.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his active service, and thus grants entitlement to service connection for this condition.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for additional VA examinations to address whether his OSA was caused or aggravated by his service-connected COPD, rhinitis, and insomnia.

The Board has remanded the case due to a duty to assist error and needs to provide an addendum opinion regarding the etiology of the Veteran's obstructive sleep apnea, specifically addressing whether it is aggravated by his service-connected knee disability and tinnitus.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected musculoskeletal conditions with obesity as an intermittent step. The evidence shows that the Veteran's weight gain, which is a result of his service-connected musculoskeletal conditions, led to his diagnosis of sleep apnea.

The Board has granted service connection for tinnitus but has remanded the claim of service connection for sleep apnea secondary to a service-connected condition.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to his service-connected disabilities, needs further examination and opinion. Specifically, a medical opinion is required regarding whether the Veteran's OSA had its onset during service or is related to toxic exposure risk activities at Camp Lejeune. The Board also requires an opinion on whether the Veteran's OSA was caused or aggravated by his service-connected bilateral pes planus, right foot arthritis, and right ankle tendonitis.

The Board has remanded the Veteran's claims for service connection for a GI disorder and obstructive sleep apnea due to potential participation in toxic exposure risk activities (TERA). The VA will provide an opinion on whether these conditions are related to TERA.

The appeal to reduce the disability rating for lumbosacral strain and levoconvex scoliosis was dismissed because the proposed reduction had not been implemented at the time of the Veteran's Notice of Disagreement.

The Veteran's obstructive sleep apnea is found to have begun during active service, and the Board grants service connection for this condition.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's service-connected obstructive sleep apnea is currently rated at 30 percent, and the Board finds that it does not warrant a higher rating as his condition does not require the use of a breathing assistance device such as a CPAP machine.

The Board denied service connection for sleep apnea, finding that the evidence did not persuasively show a relationship between the condition and active service.

The Board finds that the Veteran's claims for service connection related to arthritis of the upper and lower extremities, as well as cervical and thoracolumbar spine conditions are remanded due to a pre-decisional duty to assist error. The claims were denied because there was no verification of exposure to toxins at Fort McClellan.

The Veteran's claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea are being remanded due to incomplete records and inadequate medical opinions. The AOJ is instructed to obtain missing records, including private treatment records and VistA Imaging documents. They must also seek clarification on the secondary theory of service connection and provide a comprehensive opinion regarding the etiology of OSA and any acquired psychiatric disorders.

The Board has remanded the Veteran's claims for left ankle strain, left knee strain, and lumbosacral strain due to a duty to assist error that occurred prior to the February 2021 rating decision on appeal. The VA is required to obtain medical opinions as to whether these disabilities are related to service.