Sleep apnea decisions — 2024

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected back disability, with obesity serving as an intermediate step. The decision is based on a private medical opinion that found the Veteran's sleep apnea was caused by his obesity, which in turn was caused by his service-connected back disability.

The Veteran's claims for service connection and increased ratings have been denied.,No effective dates earlier than the specified dates were granted.

The Veteran withdrew his appeal before the Board could make a decision on his claim for an increased rating for lumbosacral strain with degenerative arthritis.

The Veteran withdrew his appeals regarding the claims of entitlement to service connection for tinnitus and obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and gastroesophageal reflux disease due to a pre-decisional duty-to-assist error. The Veteran is entitled to a medical opinion regarding whether his OSA and GERD are directly related to service, caused by or aggravated by his service-connected disabilities.

The Board has determined that the VA examiner's opinions are inadequate and remanded for further development, including obtaining an addendum medical opinion to consider the Veteran's exposure to organic solvents during service.

The Veteran's ratings for chronic lumbosacral strain and painful scar were restored to their previous levels from November 4, 2019, to December 31, 2020.

The Board has dismissed the appeals for service connection for various conditions due to the Veteran's death during the appeal process.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea was denied as there is no evidence that he continuously pursued his appeal within the required timeframes.

The Board has decided to remand the case due to a lack of VA examination at the time of the initial decision, and it is necessary to schedule an examination for the Veteran's obstructive sleep apnea.

The Board has remanded the claims for service connection for obstructive sleep apnea and migraine headaches due to inadequate medical opinions regarding their relationship to service-connected conditions, and because the Veteran's Gulf War exposure has not been evaluated.

The Board denied service connection for obstructive sleep apnea, finding that the evidence does not support a link between the condition and active service or any in-service injury. The Veteran's current diagnosis was made many years after separation from service.

The Board has remanded the case due to a lack of a VA examination and insufficient medical evidence, requiring further review by the AOJ.

The Board has determined that there was a duty to assist error and remanded the case for further development, including obtaining an addendum medical opinion regarding service connection for obstructive sleep apnea.

The Veteran's increased disability rating for the service-connected back disability is granted, with a rating of 20 percent. The rating for the foot disability remains at 10% from October 11, 2019 onwards.

The Veteran's service treatment records show he experienced sleep issues during his active duty, but there is no current diagnosis of obstructive sleep apnea (OSA) and no evidence of persistent or recurrent symptoms. The Board finds that the Veteran does not have a current disability for which service connection can be granted.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA), both on a direct basis and as secondary to his service-connected post-traumatic stress disorder (PTSD). The decision does not address whether OSA is related to military service or if it was caused by PTSD.

The Board has determined that additional VA examinations are needed to address the Veteran's claims for increased evaluations of his service-connected lumbar spine disability, hemorrhoids, and sleep apnea. The issues have been remanded due to pre-decisional duty-to-assist errors.

The Veteran's bilateral pes planus disability has been granted an initial rating of 30 percent.,The Board is remanding the claims for service connection for left knee, right knee, lower back, and sleep apnea disabilities due to pre-decisional duty to assist errors.

The Board has determined that the Veteran's service-connected PTSD caused him to become obese, which in turn caused his obstructive sleep apnea. As a result, the Board granted service connection for the Veteran's obstructive sleep apnea.