Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for service connection for various conditions due to additional relevant STRs being added to the file after the initial decision.

The Board has remanded the case due to a duty-to-assist error, specifically missing medical records and inadequate opinions regarding the nature and etiology of the Veteran's back disabilities. The AOJ is instructed to obtain authorization for private treatment records from Dr. S. B. at Northwestern Medicine and request an opinion on the nature and etiology of the Veteran's back disabilities.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not manifest during service and is not etiologically related to service or secondary to a service-connected disability.

The Veteran's appeals for service connection and effective dates have been dismissed due to his withdrawal of the appeal.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his active duty service and secondary to his service-connected cervical spine and lumbar spine disabilities. The AOJ must obtain a VA examination and medical opinion to address these theories of service connection.

The Board has remanded the case due to a failure to obtain a VA examination prior to denying the Veteran's claim for service connection for sleep apnea. The PACT Act requires an opinion on whether there is a nexus between the Veteran's obstructive sleep apnea and toxic exposure risk activities, including TERA.

The Board has granted service connection for obstructive sleep apnea and denied service connection for a pinched nerve in the neck. The effective date remains to be determined.

The Board has identified a duty to assist error in the VA medical opinions and remands the case for further development.

The Board has decided to remand the case due to errors in the decision and new evidence. The Veteran's OSA will be reviewed based on TERA exposure during service, and a medical opinion is needed regarding whether it was incurred or caused by service.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal before a decision was made.

The Board has remanded the claims of service connection for sleep apnea and TDIU due to insufficient medical opinions regarding the relationship between the Veteran's service-connected social anxiety disorder, burn pits exposure, and his current sleep apnea. The case will be returned to the AOJ for further development.

The Board has granted the Veteran's claim for service connection of sleep apnea as aggravated by his service-connected major depressive disorder.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected Posttraumatic Stress Disorder (PTSD). The decision is based on a medical opinion that OSA was caused by weight gain due to PTSD, which in turn led to obesity.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected left knee disability. The decision finds that the Veteran's obesity, caused by his service-connected left knee disability, is a substantial factor in causing his OSA.

The Veteran's service connection claims for an acquired psychiatric disability, sleep apnea, and a headache disability are granted. The Board finds that the Veteran has current diagnoses of these conditions and they are related to his military service.

The Board has decided to remand the case due to a lack of an adequate VA opinion regarding whether the Veteran's obstructive sleep apnea is caused by or aggravated by her service-connected migraine headaches.

The Board has restored the Veteran's original 40 percent rating for degenerative disc disease with lumbosacral strain, effective January 8, 2021. The appeal was not about service connection but rather a reduction in rating.

The Board has decided to remand the case due to a lack of adequate examination opinion regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is related to his service-connected hiatal hernia with GERD or another diagnosed disorder.

The Board has granted the Veteran's claim for service connection for lumbosacral spondylosis, finding that it is related to an in-service injury and resolving any doubt in favor of the Veteran.

The Veteran's lumbosacral strain with degenerative disc disease and arthritis is rated at 20 percent effective August 21, 2020.