Sleep apnea decisions — 2024

The Veteran's claims for service connection and increased ratings have been denied. The effective date of the grants has not been established as they are based on the most recent supplemental claim received.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities, with obesity serving as an intermediary step.

The Board has remanded the service connection claims for impotence, obstructive sleep apnea (OSA), and an acquired psychiatric disorder to include PTSD due to a pre-decisional duty-to-assist error. The Veteran is not entitled to service connection for these conditions as there is no persuasive evidence that they are related to his military service.

The Veteran's claim for a higher rating for his service-connected low back condition is being remanded due to the need to obtain private medical records from three providers.

The Veteran's claims for service connection for diabetes mellitus, hypothyroidism, and obstructive sleep apnea are being remanded due to a pre-decisional duty to assist error. The AOJ is required to attempt to verify the Veteran's claimed exposure to herbicide agents, water contaminated with PFAS, and/or jet fuel during his periods of service.

The Veteran's service-connected disabilities did not prevent him from being able to prepare for, obtain, or maintain suitable employment consistent with his abilities, aptitudes, and interests. The Board denied the Veteran's request for VR&E benefits as he did not meet the criteria for an employment handicap.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's sleep apnea is related to service or toxic exposure, and to establish whether there is a nexus between the condition and the Gulf War TERA.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service, and therefore grants entitlement to service connection for OSA.

The Veteran's appeals for service connection for vertigo, migraines, obstructive sleep apnea, and erectile dysfunction have been dismissed due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Posttraumatic Stress Disorder (PTSD). The decision finds that obesity, caused by PTSD, is a substantial factor in causing or aggravating OSA.

The Board has decided to remand the case due to insufficient opinions in the VA examination reports, and additional evidence is needed to determine if the Veteran's obstructive sleep apnea is related to his service or aggravated by his service-connected conditions.

The Veteran's appeal for an initial rating in excess of 20 percent for lumbosacral strain was dismissed. The Board also remanded the issues regarding service connection for obstructive sleep apnea and bilateral foot disabilities other than pes planus.

The Veteran's appeal for a cervical disability, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, sleep disturbances (including obstructive sleep apnea), and bilateral hearing loss has been dismissed due to procedural defects.,The Veteran's appeal for service connection for the cervical disability was not timely filed within one year of the March 2017 rating decision.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Board has remanded the claims for service connection for obstructive sleep apnea and chronic obstructive pulmonary disease due to a lack of an adequate opinion regarding the relationship between these conditions and service. The VA examiner did not address the Veteran's lay statements about symptoms since active service.

The Veteran's claim for service connection for sleep apnea was previously denied, but new medical records have been added to the record. The Board finds that this constitutes new and relevant evidence warranting readjudication of the claim.

The Board has remanded the case for additional development due to incomplete opinions and a need for new VA medical opinions regarding service connection, secondary service connection, and aggravation of OSA by hypertension.

The Board has remanded the claim for an evaluation higher than 20 percent for a lumbosacral strain with degenerative disease due to inadequate examination findings and failure to comply with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has granted service connection for obstructive sleep apnea, degenerative arthritis thoracolumbar spine, left hip degenerative arthritis, and right hip degenerative arthritis on a secondary basis to the Veteran's service-connected disabilities.,The decision also remanded the claim for entitlement to service connection for skin cancer.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected bilateral pes planus and residuals of left fibula fracture, finding that obesity, an intermediary step caused by his service-connected conditions, is a substantial factor in causing OSA.