Sleep apnea decisions — 2024

The Veteran's claim for service connection for sleep apnea is being remanded due to duty to assist errors, and the need for a VA examination related to toxic exposure in Afghanistan.

The Board has remanded the Veteran's claims for left knee, left shoulder, and back disabilities due to errors in the AOJ's decision-making process. The AOJ is required to obtain new medical opinions addressing the etiology of these conditions.

The Veteran's claims for migraine headaches and obstructive sleep apnea are pending as additional evidence or clarification is needed.

The Board has decided to remand the case due to a lack of a VA examination for service connection of OSA, which may be related to the Veteran's service-connected disabilities.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea on a direct basis, finding that there is no evidence to support a link between his in-service experiences and his current condition. The case is remanded for further analysis regarding secondary service connection.

The Veteran's sleep apnea is being remanded for a new medical opinion to determine if it is related to his service-connected PTSD, major depressive disorder, and generalized anxiety disorder.

The Board has granted service connection for obstructive sleep apnea, finding that it is at least as likely as not related to the Veteran's service-connected unspecified anxiety disorder with mood disorder and somatic symptom disorder.

The Veteran's TDIU claim was denied as his service-connected disabilities did not render him unemployable, considering both mental and physical impacts.

The Veteran's appeal for a higher rating of migraine headaches has been granted. The claim for service connection of obstructive sleep apnea and TDIU is remanded due to duty-to-assist errors.

The Board has determined that new and relevant evidence has been submitted to reopen the claim for service connection for sleep apnea. The Veteran's current sleep apnea is related to her service, but it is not clear if it is due to or results from a service-connected disability.

The Board denied the appellant's claim for a separate disability rating for obstructive sleep apnea, finding that his symptoms were adequately addressed under the current 50 percent rating assigned for COPD.

The Veteran's sleep apnea is found to be secondary to their service-connected PTSD, fibromyalgia, and left knee patellofemoral pain syndrome. Service connection for this condition has been granted.

The Veteran's claim for an earlier effective date for a higher rating of lumbosacral strain is granted. The Board finds that the earliest possible effective date is May 9, 2019, but no earlier, as this was within one year of his April 2020 VA Form 20-0995 submission. For the cervical spine disability and associated radiculopathy claims, the AOJ must obtain additional medical opinions to address the etiology of these conditions.

The Veteran's SMC P-2 award is restored effective January 31, 2020. The rating decision proposing a reduction in his SMC was found to have made CUE and thus the restoration of his SMC P-2 award is granted.

The Board has determined that the Veteran's obstructive sleep apnea is likely to have started during his active duty service, and thus grants service connection for this condition.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA) due to a lack of an adequate medical opinion regarding direct service connection. The AOJ will obtain a new VA examination and medical opinion to address whether OSA is related to the Veteran's Gulf War service, as well as any potential secondary relationship with his service-connected PTSD.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to incomplete medical opinions and regulatory duty to assist errors.

The Veteran's request for a total disability rating based on individual unemployability due to service-connected disabilities is granted. The proposed reduction of his migraine rating from 30% to 0% is dismissed.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and is therefore granted service connection.

The Board has remanded the case due to a lack of a medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his military service and toxic exposure. The VA must obtain an updated medical opinion addressing these issues.