Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not related to his service-connected disabilities (PTSD, right knee condition, and cervical spine condition with upper extremity radiculopathy). The benefit of doubt has been resolved in favor of the Veteran.

The Veteran's septal nasal deformity, status-post septorhinoplasty, is granted as service-connected. The issues of traumatic brain injury residuals and obstructive sleep apnea are remanded for further examination and opinion. The heart condition and erectile dysfunction claims are also remanded due to their inextricably intertwined nature with the sleep apnea claim.

The Board has denied service connection for left knee joint pain, right knee joint pain, left shoulder joint pain, and right shoulder joint pain. Service connection for sleep apnea and headaches have also been denied.

The Board denied service connection for obstructive sleep apnea as it was not incurred in or aggravated by active military service.

The Board denied the Veteran's claims for service connection for sleep apnea as secondary to his service-connected PTSD and tension headaches, finding that there was no evidence supporting this claim.

The Board has determined that the VA examination and medical opinions provided were inadequate, and thus remanded for further action including a TERA examination under the PACT Act.

The Veteran's claims for service connection have been dismissed due to their death. The Board has no jurisdiction to adjudicate the merits of these appeals.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Board has determined that the AOJ made a decision on the merits of the claim for service connection for sleep apnea, but did not consider all relevant evidence. The Veteran's symptoms and exposure history are noted, and the Board finds that additional verification is needed regarding his participation in a TERA during service and an addendum VA opinion should be obtained.

The Board has decided to remand the case due to a need for further examination and opinion regarding whether the Veteran's obstructive sleep apnea is related to his military service, specifically considering total exposure through all applicable deployments and the synergistic effect of toxic exposures.

The Board has determined that the August 2021 rating decision on appeal did not adequately address the Veteran's claim for service connection of DM2 as secondary to Sleep Apnea and Somatic Symptom Disorder. The matter is being remanded to obtain an addendum opinion addressing whether the Veteran's service-connected disabilities caused or aggravated obesity, which in turn may have caused DM2.

The Veteran's GERD, low back pain, right wrist pain, and sleeping disorder are remanded for further development due to service connection issues.

The Board has granted service connection for left hip strain, right hip strain, left ankle sprain, right ankle sprain, left foot plantar fasciitis, and right foot plantar fasciitis. The low back lumbosacral strain was also granted service connection.

The Veteran's claim for an earlier effective date for service connection of sleep apnea was denied as there were no pending claims prior to the February 17, 2022 supplemental claim.

The Veteran's claims for service connection for lumbosacral disc bulge with facet arthrosis, left elbow strain, right knee strain, a left knee condition, and headaches are being remanded due to the need for additional medical opinions.,The Veteran's PFB claim is denied as it does not meet the criteria for a rating in excess of 10 percent.

The Board has granted service connection for sleep apnea, finding that the Veteran's service-connected bilateral knee degenerative joint disease caused or aggravated his obesity and thus his sleep apnea. The decision is based on a preponderance of evidence in favor of the claim.

The Veteran's appeal for higher ratings for lumbosacral strain with degenerative arthritis and spinal stenosis, left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (sciatic nerve), and right lower extremity radiculopathy (sciatic nerve) has been dismissed as the issues have already been adjudicated in a separate Board decision.,The Veteran's appeal for earlier effective dates for service connection of left and right lower extremity radiculopathy (sciatic nerve) associated with lumbosacral strain with degenerative arthritis and spinal stenosis has also been dismissed.

The Board has decided to remand the case due to inadequate medical opinions and a need for additional evidence, including a TERA specific examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to their service-connected PTSD with major depressive disorder.

The Veteran's mixed sleep apnea with insomnia is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.