Sleep apnea decisions — 2024

The Board has determined that new and relevant evidence has been received to readjudicate the claim of entitlement to service connection for an acquired psychiatric disorder. The Veteran's claim is being remanded due to the need for further development.,Service connection for sleep apnea is denied as there is no evidence showing a relationship between the condition and military service or a service-connected disability.

The Veteran's appeal for service connection for obstructive sleep apnea has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's lumbosacral strain is related to injuries sustained in a motor vehicle accident during service, and the Board has granted service connection for this condition. The issue of service connection for sleep apnea remains pending and will be remanded.

The Board has denied a higher disability rating for the Veteran's service-connected degenerative disc disease of the lumbosacral spine and has remanded the issue of service connection for bilateral hearing loss.

The Board has found that the Veteran's service connection claim for OSA with CPAP should be remanded due to a failure to provide a VA examination and medical nexus opinion, which was required by law.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea (OSA), to include as due to obesity as an intermediate step between his service-connected left knee disability and OSA, was not fully developed at the time of the April 2021 rating decision. The Board finds a duty-to-assist error occurred in this regard and thus remands the case for further development.

The Veteran's claims for increased rating of hypothyroidism and service connection for sleep apnea are remanded due to the need for additional medical examinations and records.

The Board has remanded four issues related to service connection for sleep apnea, athlete's foot, broken bone in right foot (big toe), and hearing loss due to a pre-decisional duty to assist error. The Veteran is required to undergo VA examinations to determine the nature and etiology of these conditions.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that her current condition is not related to an in-service injury or event.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his military service and his current diagnosis of sleep apnea.

The Board has decided to remand the case due to a duty-to-assist error, requiring new examinations and opinions regarding the Veteran's sleep apnea.

The Veteran's skin condition cold urticaria, pharyngeal condition (pharyngitis), and sleep disorder (sleep apnea) have been granted service connection as secondary to his service-connected asthma and/or allergic rhinitis.

The Veteran's lumbosacral strain is rated at 40 percent, but no higher. The Board has granted a separate compensable disability rating for right and left lower extremity radiculopathy associated with the lumbosacral strain.

The Veteran's OSA is aggravated by his service-connected PTSD, and the Board has granted service connection for OSA secondary to PTSD.

The Board has granted service connection for sleep apnea as secondary to PTSD and awarded an initial 70 percent rating for PTSD. The Veteran's current level of impairment is such that he experiences occupational and social impairment with deficiencies in most areas.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea, and the Board has dismissed it.

The Veteran's initial 30 percent disability rating for sleep apnea is granted prior to January 29, 2020. A 50 percent disability rating is granted from January 29, 2020, to August 11, 2020.

The Veteran's lumbosacral strain and back pain are attributable to military service, and the Board has granted service connection for these conditions.

The Veteran's claim for service connection for sleep apnea was denied in a previous decision. New evidence has been submitted, and the Board is remanding the case to allow the AOJ to consider the new evidence on the merits.

The Board has granted service connection for OSA, IBS, bilateral shin splints, and a lumbar spine disability as secondary to service-connected knee disabilities. The Veteran's conditions are related to his military service.