Sleep apnea decisions — 2024

The Veteran's claim for service connection for sleep apnea secondary to his service-connected asthma was granted with an effective date of July 29, 2020. The Board found that the earliest possible effective date permitted by law is this date.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected dysthymic disorder with anxiety, and obesity was an intermediate step in this process.

The Veteran's service-connected PTSD and sleep apnea have rendered him unable to secure or follow a substantially gainful occupation since January 1, 2016. Effective January 1, 2016, he has been granted TDIU based on his PTSD alone. Additionally, effective November 5, 2021, the Veteran has also been granted SMC at the housebound rate due to his service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea was caused or aggravated by his service-connected conditions. The VA will obtain additional medical opinions on these issues.

The Board has remanded the Veteran's claims for service connection for deviated septum and sleep apnea as secondary to deviated septum due to inadequate medical opinions regarding the etiology of these conditions. The VA must obtain a new opinion from an appropriately qualified clinician.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected unspecified depressive disorder. The claim of service connection for headaches is remanded due to insufficient opinions regarding aggravation.

The Veteran's claims for service connection have been denied. The Board found that the earliest possible effective dates for the grants of service connection are May 31, 2017 (for lumbosacral strain and right knee strain and patellofemoral pain syndrome) and January 16, 2019 (for allergic rhinitis). The claims for bilateral lower extremity radiculopathy, irritable bowel syndrome, bronchitis, and a left ankle condition are remanded.

The Veteran's service-connected obstructive sleep apnea (OSA) is granted an increased initial rating of 50 percent effective July 13, 2012.

The Board has decided to remand the case due to insufficient reasoning in a previous VA opinion regarding whether sleep apnea is secondary to service-connected PTSD.

The Veteran's rating for sleep apnea with asthma was reduced from 60% to 50%, effective July 1, 2020. The reduction is proper as there has been actual improvement in the disability level and ability to function under ordinary conditions of life and work.

The Board has remanded the claim of service connection for obstructive sleep apnea due to exposure to burn pit smoke during deployment in Iraq. The Veteran's current diagnosis is obstructive sleep apnea, and he contends this condition is related to his service. However, a VA examiner's opinion was insufficient as it did not consider the Veteran's presumed exposure to BPOTs and failed to address the Veteran's lay statements about symptoms since exposure.

The Board has remanded the Veteran's claims for service connection due to his exposure to toxic substances during military service, including in Southwest Asia and at Fort McClellan. The VA examiners did not adequately address the Veteran's contentions regarding his hazardous exposures.

The Veteran's claim for service connection for a low back disorder is granted, and the appeal is remanded to determine if TDIU should be granted. The Veteran previously had his claim denied in March 1988 but has now submitted new evidence that raises a reasonable possibility of substantiating his claim.

The Veteran's appeal for service connection of sleep apnea was dismissed due to the Veteran's death during the pendency of the appeal.

The Board has remanded the Veteran's claims for additional development due to incomplete records and potential exposure verification issues.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it began during his active military service and is related to his in-service symptoms.

The Board has granted service connection for lumbosacral strain and cervical strain, finding that the Veteran's current conditions are related to his active service. The claim of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

The Board has granted service connection for sleep apnea, but denied service connection for left ear and right ear hearing loss.

The Veteran's claims for service connection for sleep apnea and a heart condition, to include hypertension, are remanded due to inadequate medical opinions regarding causation or aggravation by his service-connected PTSD.

The Veteran's claim for service connection for obstructive sleep apnea, to include as due to his service-connected hypertension, is being remanded due to a duty to assist error.