Sleep apnea decisions — 2024

The Board has granted an earlier effective date of May 28, 2020 for the award of service connection for obstructive sleep apnea and deviated nasal septum, status postnasal fracture (traumatic). The Veteran's claims were filed within one year after his intent to file.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected fracture of L2-4 with low back pain and radiculitis. The reduction in disability rating for his scars was denied due to insufficient evidence showing that the scars are no longer painful.

The Board has decided to remand the case due to insufficient medical evidence regarding the Veteran's claim for service connection of OSA secondary to his service-connected conditions. The VA must provide an adequate medical examination and obtain a proper opinion on whether the Veteran's OSA is caused by or aggravated by his service-connected depression disorder and/or right hip disability.

The Board has determined that the Veteran does not have current diagnoses of obstructive sleep apnea or restless leg syndrome, and thus cannot establish service connection for these conditions.

The Veteran's claim for an increased rating for thoracic vertebrae fracture with lumbosacral strain prior to October 26, 2022 is denied as the medical evidence does not support a higher rating based on flexion between 30 to 60 degrees or a combined range of motion less than 120 degrees.

The Veteran's claim for service connection for obstructive sleep apnea (OSA), including as secondary to his service-connected tinnitus with insomnia, has been denied. The Board found that the Veteran does not have a current diagnosis of OSA.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) prior to December 30, 2022, finding that it was not factually ascertainable that he became unemployable within one year prior to his formal TDIU claim.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's lay reports of symptoms dating back to active service are credible and resolving any doubt in her favor.

The Veteran's appeals for increased ratings and service connection have been remanded due to procedural errors. The Board found that a rating in excess of 20 percent is not warranted for his left shoulder acromioclavicular joint osteoarthritis, and a rating in excess of 10 percent is not warranted for his left distal fibular fracture.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected musculoskeletal disabilities, leading to obesity and subsequent OSA. As a result, service connection for OSA is granted.

The Veteran's claim for service connection for an acquired psychiatric disorder is denied because the evidence does not support a finding that his current condition was incurred or aggravated by military service.,The Veteran's claim for service connection for obstructive sleep apnea is denied because there is no credible evidence linking his current condition to in-service exposure.

The Board has decided to remand the case due to a lack of a necessary VA medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran contends that her sleep apnea began during service, citing a complaint of shortness of breath in December 1986. She also mentions significant weight gain post-service.

The Board denied the Veteran's claims for service connection for hypertension, toenail fungus, and an initial compensable rating for obstructive sleep apnea. The evidence did not show current diagnoses of these conditions.

The Board has decided to remand the claims for service connection for obstructive sleep apnea and right foot fracture due to a lack of a formal hearing, despite the Veteran's request.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient competent medical evidence, and a VA examination is needed.

The Veteran's entitlement to service connection for obstructive sleep apnea as secondary to his service-connected residuals of pneumonia, including bronchitis and restriction, is granted.,The Veteran's entitlement to service connection for a heart disability as secondary to his service-connected obstructive sleep apnea is granted.

The appellant has withdrawn their appeal for service connection for sleep apnea as secondary to sinusitis, and the case is dismissed.

The Board has restored service connection for the Veteran's Obstructive Sleep Apnea (OSA) as it was improperly severed from his service-connected conditions. The evidence does not show that OSA is directly related to or aggravated by any service-connected condition.

The Board denied the Veteran's claims for service connection for bilateral corneal ulcers, sleep apnea, and stomach ulcers due to a lack of current diagnoses in his medical records.,There is no persuasive evidence linking any of these conditions to military service.

The Veteran's appeal of service connection for sleep apnea was remanded due to a duty-to-assist error. The Board found that the VA examiners did not address whether the Veteran's service-connected PTSD, lumbosacral strain, and/or gastroparesis with mild colitis aggravated his sleep apnea.