Sleep apnea decisions — 2024

The Veteran's PTSD is rated at 50 percent, but no higher, effective from the date of this decision.,Service connection for OSA remains pending and will be remanded.

The Board has granted service connection for a back disability as secondary to the Veteran's service-connected left knee disability, finding that the current back disability is due to or aggravated by the left knee disability.

The Board has remanded the claims for service connection for a thyroid condition and obstructive sleep apnea (OSA) due to errors in fulfilling the duty to assist, focusing on whether these conditions are related to exposure to Gulf War environmental hazards.

The Board dismissed the appeal for service connection for sleep apnea and sleep disturbances due to the appellant's withdrawal of the appeal. The claim for a sinus condition (claimed as sinusitis) is remanded for further review.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent disabling, effective June 26, 2019. The appeal for a higher rating has been denied.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional duty to assist error in not obtaining his complete military records and ensuring he had a separation examination. The right shoulder condition claim is being remanded for an additional VA examination, while the sleep apnea claim requires a medical opinion.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's multiple service-connected disabilities, including PTSD and bilateral pes planus, contributed to her obesity and subsequent development of obstructive sleep apnea. The appeal is thus granted.

The Veteran's appeal for service connection for erectile dysfunction is dismissed as the benefits were granted in a previous decision. Service connection for sleep apnea secondary to service-connected disabilities is granted. The issue of service connection for a cervical spine disability to include as secondary to a thoracolumbar spine disability is remanded.

The Board has decided that the Veteran's obstructive sleep apnea is related to his service-connected cervical spine and remands for further evaluation.

The Veteran's OSA symptoms, including persistent day-time hypersomnolence and the need for a CPAP machine, are rated at 30% from July 12, 2006, and 50% from January 30, 2009.

The Board has determined that the Veteran's lumbosacral spine disability is related to his military service and has granted service connection for this condition.

The Board has found that there is a pre-decisional duty to assist error due to the inadequacy of the June 2023 VA examination. The Veteran's low back disability was rated under Diagnostic Code 5242, which does not contemplate the ameliorative effects of medication.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the cause of his chronic respiratory disorder and obstructive sleep apnea. The AOJ must provide VA examinations to determine these issues.

The Board has determined that the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected right knee disorder, and thus grants service connection for this condition.

The Board has remanded the Veteran's claim for service connection for fatigue, including CFS, due to a pre-decisional duty to assist error. The AOJ will consider additional evidence when the claim is readjudicated.

The Board has determined that the severance of service connection for high blood pressure/hypertension was proper. The Veteran's claims for back disability, sleep apnea syndrome, and acquired psychiatric disabilities (anxiety and depression) are remanded due to inadequate examination reports.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence of a nexus between his current OSA and his military service.

The Veteran seeks a higher evaluation for his service-connected obstructive sleep apnea. The Board finds that VA has not made reasonable efforts to obtain and consider potentially relevant private treatment records from the non-VA provider, which represents a pre-decisional duty to assist error.

The Board has remanded the case due to insufficient opinions regarding service connection for obstructive sleep apnea (OSA), including as secondary to service-connected posttraumatic stress disorder (PTSD). The VA is required to obtain an addendum opinion addressing whether OSA had its onset in service, is related to toxic exposure risk activities, and was aggravated by PTSD.

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities, particularly chronic sinusitis and orthopedic conditions.