Sleep apnea decisions — 2024

The Board has granted service connection for erectile dysfunction, finding it proximately due to or aggravated by the Veteran's service-connected psychiatric disability. Service connection for sleep apnea was denied as not secondary to a service-connected condition.

The Board has remanded the case due to a duty-to-assist error, specifically regarding when the Veteran's obstructive sleep apnea first manifested. The AOJ is instructed to obtain a VA medical opinion on this issue.

The Board has determined that there is a need for additional medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service, as the previous VA examination did not address direct service connection.

The Board has determined that the VA examination conducted in October 2020 and November 2021 was inadequate as it did not address whether the Veteran's obstructive sleep apnea is aggravated by his service-connected disabilities. The case is therefore being remanded for a new examination to determine if the Veteran's obstructive sleep apnea is caused or aggravated by any of his service-connected conditions, including depression, low back impairment, bilateral knee impairments, bilateral hip impairments, anemia, scaring, and ankle impairments.

The Board has granted service connection for the Veteran's sleep apnea disability as secondary to his service-connected PTSD.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient evidence regarding its onset and relationship to service. The Veteran's current disability is currently being considered on a direct basis, but further examination and opinion are needed.

The appeal for service connection for Obstructive Sleep Apnea is dismissed as moot. Service connection for Diabetes Mellitus, Type II (secondary to service-connected OSA) is granted.

The Veteran's obstructive sleep apnea was diagnosed prior to his death and is considered service-connected for accrued benefits purposes.

The Veteran's claim for a rating in excess of 20 percent for service-connected lumbosacral strain was denied. The Board found that the Veteran's range of motion did not meet the criteria for an evaluation in excess of 20 percent. A TDIU was granted effective from November 17, 2016 to July 31, 2017.

The Board denied the Veteran's request for an earlier effective date of August 5, 2013 for service connection of Obstructive Sleep Apnea (OSA). The claim was received within one year after separation from active duty and VA did not receive any prior communication that could be construed as a claim.

The Veteran's lumbosacral strain with IVDS and degenerative arthritis, paralysis of the sciatic nerve in both lower extremities, and sinusitis have all been rated at their maximum allowable levels. The Board finds that none of these conditions warrant a higher rating based on current medical evidence.

The Board has remanded the Veteran's claims for gastrointestinal, lumbar spine, cervical spine and hemorrhoids disabilities due to incomplete service department records and inadequate VA examinations. The AOJ is instructed to obtain complete service treatment records and schedule VA examinations to address the etiology of these conditions.

The Veteran's proposed reduction in the rating for lumbosacral strain from 40 percent to 10 percent was dismissed as her appeal was withdrawn.

The Board has remanded the claims of service connection for obstructive sleep apnea, eczematous dermatitis, and hemorrhoids due to duty-to-assist errors. The Veteran's left ankle sprain claim is denied as there is no evidence of an earlier effective date.

The Veteran's sleep apnea was found to have started during his active service, and the claim for service connection is granted.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD). The opinion provided by Dr. J.C., a licensed clinical psychologist, supports this finding.

The Veteran's claim for service connection for lumbosacral strain, left lower extremity radiculopathy, and a scar was granted with an effective date of November 29, 2018.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to procedural errors and the need for a new medical opinion regarding the relationship between his OSA, his service-connected GERD, and presumed exposure to contaminated water at Camp Lejeune.

The Board has dismissed the appeals for PTSD, obstructive sleep apnea, acne, and erectile dysfunction as the appellant withdrew his appeal with respect to these issues.

The Veteran's initial rating for obstructive sleep apnea and PTSD with dysthymic disorder were denied. However, he was granted a total disability rating based on individual unemployability.