Sleep apnea decisions — 2024

The Board has decided to remand the claims for further action due to a duty-to-assist error and the need for additional medical opinions.

The Veteran's initial 30 percent rating for obstructive sleep apnea was denied, as the evidence did not clearly and unmistakably show that he required a CPAP machine.

The Veteran's GERD and OSA are granted service connection, with the GERD being related to his PTSD and OSA being proximately due to or related to his PTSD.

The Board has found new evidence relevant to the claim of service connection for sleep apnea and has decided that a remand is necessary for further review.

The Board has determined that the Veteran's Obstructive Sleep Apnea is caused by his service-connected back disability, with obesity as an intermediate step.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected depressive disorder, status post left and right Achilles tendon surgery, and left knee chondromalacia disabilities. The opinion provided by a private healthcare provider established that the Veteran's weight gain from his service-connected conditions was a substantial factor in causing his OSA.

The Board has decided to remand the case due to a need for an addendum medical opinion regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected tinnitus.

The Board has found new evidence relevant to the claim of service connection for sleep apnea and has decided that a remand is necessary for further review.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence that it began during active service or is otherwise related to an in-service injury, event, or disease.

The Board has remanded the claims of service connection for obstructive sleep apnea and asthma due to insufficient medical opinions. The claim for bilateral hearing loss is denied as the Veteran does not have a current diagnosis of bilateral hearing loss.

The Board has found that new and relevant evidence supports readjudicating the claims for diabetes, hypertension, sleep apnea, and heart disability. The AOJ must now adjudicate these claims based on this new evidence.

The Veteran's claims for service connection for sleep apnea and TDIU are remanded due to the need for additional medical opinions regarding the relationship between his current diagnoses and his service-connected conditions.

The Board has remanded the claims for service connection for obstructive sleep apnea and entitlement to a total disability rating based on individual unemployability due to pre-decisional duty to assist errors. Specifically, the appellant's TERA exposure is not addressed in the current evidence of record.

The Veteran's appeal for service connection of sleep apnea has been dismissed as he requested to withdraw the appeal before the Board.

The Board has readjudicated the claims for service connection for obstructive sleep apnea, dizziness, TBI, headaches, right shoulder disability, bilateral hearing loss, and diverticulitis based on new evidence received since previous decisions. The claims are granted.

The Veteran's claim for service connection for tinnitus has been granted. The claims for service connection for an acquired psychiatric disorder, sleep impairment disorder, bilateral hearing loss, and various musculoskeletal conditions have been remanded due to the need for additional evidence.

The Veteran's service-connected lumbar spine disability caused him to become obese, which was an intermediate step in the development of his obstructive sleep apnea. The Board found that this established service connection for OSA on a secondary basis.

The Board has determined that the Veteran's sleep apnea is a result of his service-connected tinnitus, and thus grants service connection for this condition.

The Board has determined that the evidence is in approximate balance regarding whether the Veteran's service-connected depression and knee disabilities caused or aggravated his obstructive sleep apnea. As a result, service connection for OSA as secondary to these conditions is granted.

The Board has granted service connection for sleep apnea on a secondary basis to the extent it is related to the Veteran's service-connected right anterior tibia stress fracture and obesity, which was caused by his service-connected disabilities.