Sleep apnea decisions — 2024

The Board has denied service connection for sleep apnea as there is no evidence showing the condition was incurred or aggravated by military service, and the appellant's lay statements are not credible given his prior denials of sleep issues during service.

Service connection for sinusitis, back disorder (lumbosacral strain), and sleep apnea was denied.,An initial rating of 30 percent for diarrhea and GERD was granted.

The Board granted service connection for lumbosacral strain with a 40% rating, effective May 26, 2023, and found the appellant eligible to receive attorney fees based on past-due benefits resulting from this decision.

The Board has granted the Veteran's claim for service connection of central sleep apnea as secondary to his service-connected coronary artery disease.

The Veteran's sleep apnea is found to have started during his military service and the Board has granted service connection for this condition.

The Veteran's service-connected conditions, including PTSD and back disability, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating for compensation effective October 1, 2020.

The Board has remanded the Veteran's claims for TBI and sleep apnea due to service, as well as his claim for a total disability based on individual unemployability (TDIU), due to deficiencies in the record existing prior to the November 2019 rating decision.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD with major depressive disorder and alcohol use disorder, finding that there is at least a 50% likelihood that the sleep apnea is related to his service-connected conditions.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected disabilities, including diabetes mellitus and psychiatric disorders. The VA will obtain a new opinion on these issues.

The Board dismissed the appeal for service connection for obstructive sleep apnea due to mootness as the claim was fully granted in a June 2024 rating decision.

The Board has decided to remand the case due to a duty to assist error, and will associate all Joint Legacy Viewer (JLV) records with the file.

The Veteran's claim for an earlier effective date for service connection for lumbosacral strain is denied as the claim was not continuously pursued within one year of the July 1976 rating decision, and the supplemental claim was received more than a year after the July 1976 decision.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD) and obesity, finding that weight gain due to PTSD is a cause of the sleep apnea.

The Veteran's service-connected major depressive disorder caused him to become obese, which in turn led to his obstructive sleep apnea. The Board finds that the necessary factors for obesity being an intermediate step between the Veteran's obstructive sleep apnea and his service-connected major depressive disorder are met, granting service connection for obstructive sleep apnea as secondary to major depressive disorder.

The Veteran's hypertension is granted as presumptively related to in-service herbicide agent exposure under the PACT Act. The issues of service connection for sleep apnea, left foot neuropathy, right foot neuropathy, and an acquired psychiatric disorder are remanded due to a duty-to-assist error.

The Board has ordered a remand for additional VA examinations to determine the etiology and relationship of the Veteran's claimed disabilities to her service-connected hypercalciuria. The issues remain unresolved as the claims are still pending.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to the need for a new medical opinion regarding the relationship between OSA and his service-connected GERD, as well as whether OSA was aggravated by his service-connected GERD.

The Veteran withdrew their appeal regarding the issue of entitlement to service connection for sleep apnea.

The Board has determined that the Veteran's claims for service connection for erectile dysfunction and obstructive sleep apnea require additional VA medical opinions to address the nature and etiology of these conditions, as well as whether they are related to his service-connected PTSD.

The Veteran's claim for service connection for sleep apnea is granted due to the submission of new and relevant evidence, including a diagnosis of obstructive sleep apnea. The Board has also determined that a VA examination should be scheduled to determine if the sleep apnea was caused or aggravated by his service-connected PTSD.