Sleep apnea decisions — 2024

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision resolves reasonable doubt in favor of the Veteran.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea (OSA) before the Board could make a decision.

The Veteran's appeal for a rating in excess of 10 percent for GERD has been denied. The Board has also remanded the issue of service connection for a lumbosacral strain due to an alleged secondary service connection based on an altered gait from a right ankle disability.

The Veteran's claims for earlier effective dates and initial ratings have been denied. The claim for a higher rating for lumbosacral strain with degenerative arthritis is being remanded due to procedural error.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities.,The Veteran's depressive disorder with anxious distress does not meet the criteria for an evaluation in excess of 70 percent.,The Veteran's obstructive sleep apnea does not meet the criteria for an evaluation in excess of 50 percent.

The Board denied service connection for asthma, pseudofolliculitis barbae, and sleep apnea. The Veteran's claims were not supported by evidence of in-service injury or disease, exposure to asbestos, or a causal relationship between the conditions and service.

The Board has dismissed the appeals for service connection for asthma, psoriasis, sleep apnea, migraines (also claimed as headaches), and fibromyalgia due to concurrent elections.

The Board has denied service connection for a bilateral knee disability and remanded the claim of service connection for lumbosacral strain due to insufficient evidence.

The Board has decided to remand the Veteran's claim for service connection of lumbosacral strain due to duty-to-assist errors and inadequate nexus opinion.

The Board denied service connection for sleep apnea as there is no evidence that the condition began during service or is related to an in-service injury, event, or disease. The Veteran's claim was based on his belief that his sleep apnea is related to a back disorder he had while serving.

The Board has decided to remand the case due to a duty-to-assist error in the prior decision, specifically regarding the etiology of the Veteran's obstructive sleep apnea and whether it is proximately due or aggravated by service-connected PTSD and MDD.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected disabilities, with obesity serving as an intermediate step.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's already service-connected acquired psychiatric disorder and lumbar spine disability, with obesity being an intermediate step.

The Veteran's service connection for sleep apnea, migraines, tinnitus, lumbosacral strain, left knee strain, and posttraumatic stress disorder has been granted with an effective date of October 14, 2019.,An initial rating of 70 percent for posttraumatic stress disorder is also granted.

The Board has determined that the Veteran's erectile dysfunction is service-connected as it was caused by his service-connected depression and obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected sinusitis and asthma, finding that the evidence supports a causal link between these conditions.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective from August 6, 2019.,Right lower extremity radiculopathy is currently rated at 20 percent.

The Board has denied service connection for PTSD, sleep apnea syndromes, and headaches under Chapter 17 of title 38 U.S.C. due to the appellant's discharge from active duty under other than honorable conditions.

The Veteran's claims for sleep apnea, left foot pes planus, metatarsalgia, and plantar fasciitis with left foot Morton's neuroma, left toe pre-dislocation syndrome, and left foot hammer toes, right tibial nerve damage, and left tibial posterior sensomotor dysfunction were denied in a March 2016 rating decision.,The Veteran did not receive an effective date prior to April 24, 2014 for any of the conditions listed above.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea, including as secondary to his service-connected dysthymic disorder. The case is being returned to the AOJ for further development and consideration.