Sleep apnea decisions — 2024

The Board has decided to remand the case due to insufficient evidence regarding service connection for OSA, including a lack of consideration of TERA and VA treatment records. The Veteran's claim will be reconsidered with additional medical examination and record review.

The Veteran's claims for an increased rating and TDIU have been remanded due to the need for a contemporaneous VA examination, as her current rating may be incorrect due to the passage of time since her last VA examination.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no persuasive evidence of a current disability during the pendency of his claim.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as the evidence supports finding that it is at least as likely as not to have begun during the Veteran's active military service.

The Veteran's hypertension, allergic rhinitis, sinusitis, upper extremity disability (chronic joint pain, DDD, DJD), lumbar spine disability (lumbosacral strain), plantar fasciitis, sciatica, and insomnia have not been found to be service-connected.,There is no evidence of current disabilities related to the Veteran's claimed conditions during or recent to the pendency of his claims.

The Veteran was granted a TDIU effective January 21, 2020. The Board denied an earlier effective date.,The Veteran was granted eligibility for DEA benefits effective January 21, 2020. The Board denied an earlier effective date.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to her service-connected adjustment disorder with mixed anxiety and depressed mood, or if it was caused by her in-service sleep issues.

The Board has granted service connection for sleep apnea (OSA) as secondary to the Veteran's service-connected post-traumatic stress disorder (PTSD), with obesity being an intermediate step in the development of OSA.

The Board has decided that the claim of service connection for obstructive sleep apnea, including as secondary to PTSD, should be remanded due to duty-to-assist errors and need for additional medical opinions.

The Veteran's claim for a higher rating for lumbosacral strain with degenerative disc disease and radiculopathy of the left sciatic nerve is denied. A 20 percent rating, but no higher, is granted for radiculopathy of the left sciatic nerve as of May 17, 2021.

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected major depressive disorder.

The Board has determined that the evidence is in equipoise, finding a relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea (OSA), thus granting service connection for OSA as secondary to PTSD.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment due to his education and occupational experience.

The Veteran's claims for increased disability ratings for degenerative joint disease and disc disease of the lumbosacral spine with Tarlov's cyst, and radiculopathy of the left lower extremity are being remanded due to inadequate prior examinations.

The Board denied the Veteran's request for an earlier effective date of January 4, 2021, for a 40 percent evaluation for intervertebral disc syndrome, lumbosacral spine. The evidence did not show any formal or informal claim prior to January 4, 2021, and there was no factually ascertainable worsening within the one-year look-back period.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected PTSD and may have had its onset during active service, including due to toxic exposure risk activities. The claim for service connection is remanded for further examination and opinion.

The Veteran's PTSD is granted as service-connected. The issues of entitlement to service connection for anxiety, bipolar disorder with depression, schizoaffective disorder, and degenerative disc disease are remanded.

The Veteran's death was caused by his service-connected obstructive sleep apnea, which the Board found to be a principal cause of death. Therefore, DIC benefits are granted for the cause of death. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the claims of service connection for right hip condition, sleep apnea, and back condition due to insufficient evidence on the etiology of these conditions.

The Board has determined that more development is necessary prior to final adjudication of the remaining claims, including obtaining new medical examinations and opinions regarding the Veteran's claimed conditions.