Sleep apnea decisions — 2024

The Board has decided to remand the claim of entitlement to service connection for sleep apnea, which is secondary to service-connected posttraumatic stress disorder (PTSD). The AOJ must obtain an addendum opinion regarding whether the Veteran's sleep apnea is at least as likely as not aggravated by PTSD.

The Board has denied a rating in excess of 50 percent for sleep apnea and asthma, but has remanded the claims for service connection for left foot strain with tendonitis and left ankle fracture.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected PTSD and left knee disability, with obesity serving as an intermediate step.

The Veteran's service-connected PTSD has aggravated his current diagnosis of obstructive sleep apnea, and the Board has granted service connection for this condition.

The Board has granted secondary service connection for the Veteran's Obstructive Sleep Apnea (OSA) as it is proximately due to his service-connected Trauma and Stressor-Related Disorder, Allergic Rhinitis, and Sinusitis.

The Veteran's asthma disability rating was reduced from 60% to 50%, but the Board found this reduction improper due to inadequate VA examinations.

The Veteran's sleep apnea is rated at a 50 percent disability rating, effective from August 8, 2023. The Board found that the Veteran required use of a breathing assistance device such as CPAP but was unable to tolerate it.

The Veteran's claims of service connection for various disabilities are being remanded due to the need for additional medical opinions and consideration of outstanding service records.

The Board denied the Veteran's claim for an earlier effective date of September 30, 2019 for service connection of OSA as secondary to PTSD. The Board found that the Veteran's initial claims for insomnia and OSA were distinct conditions.

The Board has decided that the case needs further review due to a duty-to-assist error, and requests an additional medical opinion regarding the etiology of the Veteran's sleep apnea.

The Board has determined that the Veteran does not have a current diagnosis of chronic fatigue syndrome and therefore, service connection for this condition is denied. The case is remanded to obtain private medical records related to the Veteran's obstructive sleep apnea claim.

The Board denied the Veteran's claim for a total disability rating on the basis of individual unemployability (TDIU) due to service-connected disabilities, finding that his combined schedular rating was 100 percent and he had not demonstrated that any single service-connected disability rendered him unable to secure or follow substantially gainful employment.

The Board has remanded the Veteran's claims of service connection for OSA and a compensable rating for left ear hearing loss due to new evidence and need for further examination.

The Veteran's sciatica of the left leg is rated at 10 percent, and the Board found that a higher rating was not warranted based on the evidence.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. However, the Veteran's claim for an increased rating of PTSD remains denied.

The Veteran's obstructive sleep apnea was found to have begun in service and has continued since then, meeting the criteria for service connection.

The Veteran's claims for service connection for obstructive sleep apnea and eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 were both granted effective as of October 5, 2020. The Board denied the requests for earlier effective dates.

The Board has granted service connection for a neck condition and obstructive sleep apnea, finding that the Veteran's conditions began during his military service.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the Veteran's claim for service connection for obstructive sleep apnea. The AOJ will now consider this issue on its merits.

The appeal of the service connection claim for a low back disability is dismissed as the Veteran was granted service connection in a prior decision. The claims of service connection for sleep apnea and hypertension are remanded.