Sleep apnea decisions — 2024

The Veteran's claims for service connection for thoraco-lumbar myositis with IVDS, left ankle impingement, OSA, cervical spine disorder, left shoulder disorder, right shoulder disorder, left elbow disorder, right elbow disorder, left hip disorder, and right hip disorder have been denied.,The Veteran's claim for service connection for right ankle disorder has also been denied.

The Board has remanded the case due to inadequate medical opinions and pre-decisional errors. The Veteran's OSA is being reviewed for secondary service connection to her service-connected benign tumor of the right lung with resection of right lung.

The Board has granted service connection for lumbosacral strain (back condition) and bilateral lower extremity radiculopathy (sciatica), finding that these conditions are proximately due to the Veteran's service-connected feet, ankle, and/or knee conditions.

The Veteran's chronic sinusitis/nasal polyposis, PTSD, and OSA have been granted service connection. The Veteran is also receiving a 70 percent rating for his PTSD and special monthly compensation at the housebound rate.

The Veteran's service connection claims for lumbosacral strain, right and left lower extremity radiculopathy involving the femoral nerve, and sciatic nerves were granted effective from February 28, 2019.

The Board has decided to remand the case due to a new law (PACT Act) that requires a medical opinion and examination if a Veteran claims service connection for a disability related to exposure during service. The Veteran's current sleep apnea is considered a TERA, but no VA examination was conducted as required by the PACT Act.

The Board has remanded the Veteran's claims for service connection for left wrist strain, left shoulder condition, and sleep apnea due to a duty to assist error. The VA is required to provide an adequate examination or medical opinion in cases where there is evidence of a current disability or persistent/ recurrent symptoms that may be associated with service.

The Board has determined that there was a duty to assist error prior to the issuance of the decision on appeal and has ordered remand for further development. Specifically, the AOJ is required to verify all periods of active duty, ACDUTRA, and INACDUTRA during the Veteran's National Guard service and obtain any outstanding line of duty determinations.

The Veteran's service-connected PTSD is found to have caused or aggravated his hypertension, diabetes mellitus type II, and sleep apnea.,Service connection for these conditions is granted.

The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for sleep apnea. The AOJ must adjudicate the merits of the reopened claim, de novo, in the first instance so as to avoid any prejudice to the Veteran. Additionally, a supplemental opinion is needed regarding whether the Veteran's obstructive sleep apnea was aggravated by his service-connected traumatic deviated septum and related to participation in toxic exposure risk activities (TERAs) during active military service.

The Board has decided to remand the case due to uncertainty about whether the Veteran's fatigue symptoms are related to another disability or a distinct condition. The Veteran will need to undergo a VA examination to clarify this.

The Board has determined that the Veteran's obstructive sleep apnea did not begin during service and is not related to any in-service injury, event, or illness. The evidence does not support a finding of service connection for OSA.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a finding that his left great toe arthritis caused or aggravated obesity, which in turn caused his sleep apnea.

The Veteran's lumbosacral strain is currently rated at 10 percent, but the Board found that it does not meet or approximate the criteria for a higher rating based on the degree of forward flexion.

The Veteran's appeal for an earlier effective date for service connection of obstructive sleep apnea is dismissed as the appellant requested withdrawal of the appeal.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no nexus between his current condition and active duty service.

The Board has remanded the case due to incomplete examination and lack of discussion regarding obesity, service-connected disabilities, and toxic exposure.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to a duty to assist error in not obtaining Social Security Administration records, which may be relevant to his disability benefits and service connection claim.

The Board has remanded the case due to a lack of a VA examination to determine if the Veteran's sleep apnea is related to her service or caused by her service-connected PTSD and major depressive disorder.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected other specified trauma and stressor related disorder, finding that the weight gain caused by his service-connected condition was a substantial factor in causing OSA.