Sleep apnea decisions — 2024

The Board denied service connection for a lumbosacral strain and traumatic brain injury (TBI) as there is no probative medical evidence indicating these conditions were incurred in or are related to the Veteran's military service.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected post-traumatic stress disorder, and therefore grants service connection for OSA as secondary to PTSD.

The Veteran's claim for an increased disability evaluation in excess of 20 percent prior to April 26, 2021, and in excess of 40 percent thereafter for service-connected intervertebral disc syndrome (IVDS) with lumbosacral strain and scoliosis is being remanded due to the need for additional development. Specifically, a VA examination is required to assess the current severity of the Veteran's lumbar spine disability, including during flare-ups, and to determine whether there is functional ankylosis.

The Veteran's claims for increased ratings and service connection are remanded due to missing National Guard records and the need to obtain SSA disability benefits and DFAS records.

The Veteran's service-connected PTSD is found to be at least as likely as not the cause of his current OSA, and he is granted service connection for OSA on a secondary basis.

The Board has remanded both the Veteran's right eye disability and sleep apnea claims due to inadequate medical opinions and incomplete development of service connection for toxic exposure.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Veteran's service-connected major depressive disorder caused his obesity, which in turn caused his obstructive sleep apnea. The Board granted service connection for OSA based on the opinion that obesity was a substantial factor causing OSA and would not have occurred without it.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected posttraumatic stress disorder (PTSD), and thus grants the claim for service connection.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as his Motion for Extension of Time was granted, making the form timely.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected chronic adjustment disorder with anxiety, and thus grants service connection for this condition.

The Veteran's claims for a higher rating for lumbosacral spine disability and service connection for tinnitus are remanded due to duty-to-assist errors.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected PTSD.

The Board has decided to remand the case due to a lack of medical opinion regarding the Veteran's obstructive sleep apnea and its relation to his military service, specifically exposure to burn pits. The Veteran is seeking service connection for this condition.

The Board has determined that there is no evidence to support a finding of service connection for obstructive sleep apnea, as it was not incurred or aggravated by any in-service event or illness. The Board also found insufficient evidence to establish secondary service connection due to the Veteran's diabetes mellitus type II and obesity.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a current disability during or related to his military service.

The Board denied an effective date prior to July 30, 2020 for the grant of service connection for erectile dysfunction as secondary to service-connected degenerative joint disease of the lumbosacral spine with bilateral neuroforaminal stenosis and SMC based on loss of use of a creative organ.

The Board has determined that there is at least a 50% chance or greater that the Veteran's obstructive sleep apnea (OSA) is secondary to his service-connected posttraumatic stress disorder (PTSD) with major depressive disorder, and thus grants service connection for OSA as secondary to PTSD.

The Board has remanded the claim of service connection for obstructive sleep apnea due to inadequate medical opinions and a duty to assist error.