Sleep apnea decisions — 2024

The Veteran's service-connected disabilities, including obstructive sleep apnea and knee conditions, have rendered him unable to secure or maintain substantially gainful employment.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The current rating of 40 percent is maintained as the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's OSA was first diagnosed in service and the Board found that it began during service, granting service connection for OSA.

The Veteran's disability rating for lumbosacral strain with IVDS was reduced from 40 percent to 20 percent, effective August 19, 2019. The Board has now reinstated the original 40 percent rating and granted entitlement to TDIU.

The Veteran's prostate cancer, thyroid condition, hypertension, right hip arthritis, sleep apnea, depression, anxiety, and insomnia disabilities are denied as not related to service.,The Veteran's lumbago with arthritis disability is remanded for further examination.

The Veteran's sleep apnea is granted as secondary to service-connected chronic rhinitis.,Service connection for chronic rhinitis is granted on a direct basis due to its onset during service and current diagnosis.,Service connection for hypertension is granted on a direct basis due to its onset during service and manifestation within one year of discharge.,Right ankle disorder is granted as it manifested during service and has been diagnosed with symptoms causing functional loss.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and duty to assist errors.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected psychiatric disability, specifically anxiety disorder. The decision grants service connection for this condition as secondary to the service-connected psychiatric disability.

The Veteran's obstructive sleep apnea is being remanded for a new VA examination to determine if it is caused or aggravated by his service-connected PTSD, as well as considering the November 2019 and February 2020 VA treatment records and submitted articles.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD), right knee degenerative joint disease, and left foot calcification. The decision is based on a finding that all reasonable doubt in favor of the Veteran has been resolved.

The Board has determined that the Veteran's obstructive sleep apnea is related to service and grants the claim for service connection.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a VA examination and medical opinion regarding the etiology of his condition, including its relation to service and any toxic exposure. The AOJ must also address whether the PACT Act applies.

The Board has remanded the case due to insufficient opinions regarding secondary service connection for OSA. The Veteran's claim will be reconsidered with new VA opinions addressing whether his current OSA would exist without his service-connected conditions and if it would be less severe.

The Veteran's appeal is remanded for additional examinations and opinions regarding his claimed chronic fatigue syndrome, fibromyalgia, low back disorder, neck condition, and service connection.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence showing it was caused or aggravated by his service-connected tinnitus and that he did not have a disease or injury during active duty or thereafter. The Board also found that the presumptions under 38 C.F.R. § 3.309(a) do not apply.

The Veteran withdrew their appeals for the claimed conditions of bilateral shoulder condition, bilateral flat feet, OSA, neck/cervical spine condition, ED, and GERD before a decision was made by the Board.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left and right knee patellofemoral pain syndrome with iliotibial band tendonitis and PTSD.

The Board has denied the Veteran's claims for service connection for knee disorder, manifested by weakness and left shoulder disorder, manifested by loss of motion. The Board has also remanded the issues of service connection for an acquired psychiatric disorder (including anxiety, depression, and PTSD), irritable bowel syndrome (IBS), and obstructive sleep apnea (OSA).

The Veteran's combined rating was 70% prior to January 28, 2010. The Board denied TDIU for the period from February 2, 2009 to January 27, 2010 due to his ability to secure and follow a substantially gainful occupation.

The Veteran's obstructive sleep apnea is found to have begun during his service and continues to the present day, meeting the criteria for direct service connection.