Sleep apnea decisions — 2024

The Veteran withdrew his appeal for service connection for sleep apnea before a hearing could be held.

The Veteran's initial ratings for cervical and lumbosacral spine intervertebral disc syndrome (IVDS) are being remanded due to a procedural error.

The Board has denied service connection for TBI due to lack of a current diagnosis. The claims for left knee, right knee, cervical strain, lumbosacral strain, right hip strain, and left hip strain are remanded as the VA examiners did not consider all relevant evidence and potential in-service causation.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea and therefore, service connection for this condition is denied.

The Veteran's appeals for a higher rating for lumbosacral arthritis and strain, as well as service connection for a left knee disorder, have been dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims because the Veteran died during the pendency of the appeal.

The Veteran's OSA is granted as service-connected. The reduction in the rating for his right wrist disorder from 30 percent to 10 percent effective March 1, 2019 was denied.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to April 5, 2021. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Posttraumatic Stress Disorder (PTSD). The decision is based on medical opinions linking the OSA to the Veteran's obesity, which was related to his PTSD.

The Veteran's pulmonary disability, including pulmonary fibrosis and sleep apnea, warrants an initial rating of 100 percent for the entire period on appeal.

The Board has granted service connection for tinnitus, but the claims for lumbar spine disability, right ankle disability, left ankle disability, right foot disability, and left foot disability are remanded due to a duty to assist error. The claim for OSA is also remanded.

The Board has decided to remand the case due to an inadequate VA medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected spine disability. The Veteran's claim for secondary service connection is being sent back for further examination.

The Veteran's PTSD is rated as 100% disabling since November 20, 2019. He also has additional disabilities that combine to at least 60%, qualifying him for special monthly compensation (SMC) at the subsection (s) rate.

The Board has remanded the case due to a duty to assist error, requiring an adequate etiology opinion related to the etiology of any sleep apnea disability.

The Board denied the appellant's requests for effective dates prior to December 8, 2020, for service connection of an acquired psychiatric disorder, obstructive sleep apnea (OSA), tinnitus, and a lumbar spine disability due to the failure to submit a completed formal claim within one year of the receipt date of his Intent to File form.

The Board has decided to remand the case due to a lack of an opinion regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD.

The Board has granted service connection for cervical strain with degenerative arthritis, lumbosacral strain, right hip strain, left hip strain, right knee strain, and left wrist sprain. The claim for service connection for obstructive sleep apnea (OSA) is remanded due to a lack of an opinion on whether OSA is aggravated by tinnitus.

The Veteran's claim for service connection for sleep apnea is remanded due to incomplete reasoning in the VA opinion regarding the relationship between his service-connected lumbar spine and right knee disabilities, obesity, and sleep apnea.

The Board denied the Veteran's appeals for severance of service connection for Obstructive Sleep Apnea and Gastroesophageal Reflux Disease, finding clear and unmistakable evidence that these conditions were directly related to service.

The Board has remanded the claim of service connection for obstructive sleep apnea, as it is unclear whether the Veteran's condition had its onset in service or is related to his service-connected anxiety disorder not otherwise specified.

The Veteran's service connection claim for obstructive sleep apnea, which he claimed was secondary to his service-connected asthma and allergic rhinitis, has been granted.,The Veteran's service connection claim for gastroesophageal reflux disease (GERD), which he claimed was secondary to his service-connected PTSD with unspecified other substance use disorder, is remanded due to the need for a VA examination and medical nexus opinion.