Sleep apnea decisions — 2024

The Veteran's initial compensable disability rating for obstructive sleep apnea was denied as his OSA did not meet the criteria for a higher rating based on documented use of CPAP machine.

The Board has decided to remand the case due to an inadequate VA opinion regarding whether OSA is related to service. The Veteran's claim will be reconsidered by the AOJ with this new information.

The Board has remanded the case due to duty-to-assist errors and requests an addendum medical opinion regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is at least as likely as not caused or aggravated by his service-connected disabilities.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the Veteran's current obstructive sleep apnea disability is secondary to his service-connected PTSD with depression. The decision grants service connection for this condition.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected left shoulder DJD and DDD of the lumbar spine, finding that there is at least a balance of evidence in favor of this determination.

The Veteran's appeals for service connection for bilateral lumbosacral disorder, anxiety, and depression have been dismissed due to the identical nature of the requests submitted on multiple occasions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities, with obesity as an intermediate step. The decision is based on medical opinions that link the Veteran's weight gain and subsequent OSA to his service-connected disabilities.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea had its onset during service.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to his service-connected acquired psychiatric condition (persistent depressive disorder with anxious distress), should be remanded due to inadequate medical opinions and need for further development.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected post-traumatic stress disorder.

The Board has granted service connection for OSA, right knee disability, and left knee disability as secondary to the Veteran's service-connected back disability. However, the claims of entitlement to service connection for right shoulder disability and neck disability are remanded due to insufficient medical opinions.

The Board has remanded the claims for hypertension and obstructive sleep apnea due to a lack of VA examinations, which were required given the Veteran's lay contentions. The matter is returned to the AOJ for further action.

The Board has remanded the claim of service connection for sleep apnea, which is claimed as secondary to service-connected tinnitus. The decision also raises a theory based on obesity as an intermediate step.

The Board has remanded the case due to duty-to-assist errors and a need for additional examinations.

The Board has remanded the Veteran's claims for lumbosacral strain and tinnitus due to insufficient evidence in the record regarding the onset of his symptoms. The Veteran is seeking service connection for both conditions, but the Board found that there was not enough evidence to support a finding of nexus between his current disabilities and his military service.

The Board has dismissed the claims of service connection for erectile dysfunction, right knee condition, PTSD with depression, OSA, and left lower extremity radiculopathy as they have already been granted in prior decisions.

The Veteran's obstructive sleep apnea began in service and has continued since, meeting the criteria for service connection.

The Veteran's obstructive sleep apnea is rated at 50% effective July 1, 2021. The Veteran's tinea pedis does not meet the criteria for a compensable rating.

Service connection for left shoulder calcific tendonitis is granted. Effective November 21, 2017, the Veteran receives a 100 percent disability rating for PTSD and service connection for lumbosacral strain, left hip impairment (status post arthroscopic surgery), left hip limitation of flexion, and scars of the right hip are also granted.

The Board has remanded the case due to an inadequate opinion regarding the etiology of the Veteran's sleep apnea, requiring a new examination and opinion.