Sleep apnea decisions — 2024

The Board has denied service connection for diabetes mellitus and obstructive sleep apnea, finding that the conditions were not incurred or aggravated by military service.

The Board has granted service connection for obstructive sleep apnea on a secondary basis, finding that it is proximately aggravated by the Veteran's service-connected posttraumatic stress disorder.

The Board has determined that there was a pre-decisional error in the duty to assist and remands the case for further development.

The Veteran's claims for right upper extremity, left upper extremity, right lower extremity, and left lower extremity peripheral neuropathy as well as cervical spinal stenosis have been granted. The claim of service connection for hypertension (HTN) has also been granted as secondary to service-connected PTSD.,The Veteran's claims for obstructive sleep apnea (OSA) and right shoulder disability have also been granted as secondary to service-connected PTSD.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claim for service connection for obstructive sleep apnea. The case is being remanded for further review.

The Veteran requested to withdraw his appeal for service connection of obstructive sleep apnea, and the Board has dismissed this issue.

The Board has granted service connection for a lumbosacral strain on a direct basis, finding that the Veteran's credible lay accounts and consistent symptoms outweigh any negative medical opinions. The decision is based on reasonable doubt being resolved in favor of the Veteran.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected PTSD and allergic rhinitis.

The Veteran's OSA requires the use of a breathing assistance device such as a CPAP machine, and his disability rating is granted at 50 percent.

The Veteran's claim for an earlier effective date prior to November 1, 2019, for the initial grant of service connection for sleep apnea is denied. The earliest allowable effective date under law is the date of receipt of the VA Form 20-0995.

The Veteran's service-connected depression and McArdle's and Tauri's diseases are found to have caused or aggravated his sleep apnea (OSA). The claim for service connection is granted.

The Board has remanded the case due to inadequate etiology opinions and a new theory of causation raised by the Veteran's representative.

The Board denied a compensable initial rating for sleep apnea, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher ratings.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and asthma due to potential exposure during active duty in the Gulf War. The AOJ did not verify the Veteran's service in the Southwest Asia (SWA) theatre of operations, which could affect his eligibility for VA examinations under the PACT Act.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss due to a lack of current diagnosis and no nexus between in-service noise exposure and present hearing loss.,The Board has remanded the issues of entitlement to service connection for an acquired psychiatric disorder, migraines, sleep apnea, and erectile dysfunction. The AOJ is instructed to obtain additional medical opinions addressing these claims.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA medical opinion regarding potential exposure-related links.

The Veteran's initial claim for a higher rating for migraine headaches was granted, and he is now receiving a 50% disability rating. The appeal regarding his PTSD with major depressive disorder and TBI remains denied. A separate 70% disability rating has been granted for the service-connected TBI. Service connection for ED as secondary to PTSD has also been established. However, the claim for OSA as secondary to a service-connected disability is being remanded.

The Veteran's lower back condition is granted as service connected. The Veteran's sleep apnea (OSA) and right foot condition including Morton's neuroma are remanded for further evaluation.

The Board has decided to remand the case due to inadequate opinions regarding service connection for obstructive sleep apnea, which is claimed as secondary to a service-connected disability. The Veteran's OSA was not found to be caused by his service-connected pharyngitis or any other in-service exposure. Additional medical opinions are needed on remand.

The Board has remanded the Veteran's claim of service connection for obstructive sleep apnea (OSA) due to his service-connected orthopedic disabilities, including left knee limitation of motion, low back strain with degenerative joint disease and degenerative arthritis, right shoulder tendonitis, left knee degenerative joint disease, and raticulopathy left lower extremity. The AOJ must obtain an addendum opinion addressing whether the Veteran's obesity caused or aggravated his service-connected orthopedic disabilities, which in turn caused or aggravated his OSA.