Sleep apnea decisions — 2024

The Board dismissed the Veteran's appeals for increased rating of migraines and service connection for hypertension and malaise due to untimeliness. The appeal for service connection for sinusitis was denied as there is no current diagnosis, while the appeal for service connection for obstructive sleep apnea (OSA) was granted as it began during active duty.

The Board has decided that the Veteran's left leg sciatica is not service-connected due to a lack of evidence linking it to his service-connected lumbosacral strain. The case is being remanded for further evaluation and consideration.

The Board has decided to remand the service connection claim for obstructive sleep apnea (OSA) due to a duty-to-assist error in not considering whether chronic sinusitis aggravated obesity, which in turn caused OSA. The case is being returned to the AOJ for further action.

The Veteran withdrew his appeal for service connection of sleep apnea, and the Board dismissed the case as a result.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it had its onset during his active duty and is related to service.

The Board has granted service connection for lumbosacral strain and tinnitus, finding that both conditions are etiologically linked to the Veteran's active-duty service.

The Veteran's depressive disorder, posttraumatic stress disorder (PTSD), and sleep apnea have been granted service connection. The Board found the evidence in favor of a direct relationship between these conditions and the Veteran's military service.

The Board has remanded the case due to errors in decision-making and requests for further development, including a VA examination to address whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD and musculoskeletal disabilities.

The Veteran's claim for an effective date prior to February 26, 2010, for the award of service connection for degenerative arthritis with lumbosacral strain is denied. The Veteran's initial evaluation in excess of 10 percent for his degenerative arthritis with lumbosacral strain is also denied.

The Veteran withdrew his appeal of the denial of service connection for obstructive sleep apnea, and the Board dismissed the issue due to this withdrawal.

The Veteran's PTSD with unspecified depressive disorder, migraine headaches, back disability, left knee limitation of flexion, left shin splints, GERD, nephrolithiasis, PFB, and ED are all rated at the maximum available rating (50%) for each condition.

The Veteran's sleep apnea is found to be directly related to his active service, and the claim for service connection is granted.

The Board has determined that the Veteran's claim for service connection for sleep apnea should be remanded to allow for a VA examination and further consideration.

The Veteran's appeal for service connection for obstructive sleep apnea (OSA) has been dismissed due to a docketing error.

The Board has remanded the case due to a duty-to-assist error regarding VA treatment records from the Veteran's private primary care physician. The Veteran is asked to submit or authorize VA to obtain these records.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's obstructive sleep apnea is secondary to her service-connected chronic sinusitis.

The Board has remanded the claims for service connection for obstructive sleep apnea, anosmia, and penile deformity due to a duty to assist error. The Veteran's failure to attend VA examinations is noted, and rescheduling is required.

The Board has determined that the Veteran's diabetes mellitus, type II is not service-connected due to a remand for further examination and opinion. The lumbosacral strain with spondylolisthesis claim must be remanded as VA did not obtain all relevant private treatment records. The left elbow disability claim also requires additional examination.

The Board denied service connection for obstructive sleep apnea and denied increased ratings for bilateral hearing loss from September 9, 2021 to March 1, 2022, and from December 21, 2022 to February 18, 2023.,The Veteran's current diagnoses of obstructive sleep apnea and bilateral hearing loss were not established during the pendency of his appeal.

The Veteran's tension headaches are rated at a 50 percent rating, which is granted. However, service connection for obstructive sleep apnea remains denied.