Sleep apnea decisions — 2024

The Veteran's claim for an increased rating for L5-S1 lumbosacral spine degenerative disc disease was denied as the evidence did not support a higher rating.,Service connection for hearing loss was denied because there is no indication of its manifestation within one year of service.

The Veteran's service-connected PTSD is found to have aggravated his OSA, and the effective date for service connection of PTSD is granted. The Veteran's PTSD is currently rated at 30 percent.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to insufficient evidence, including a lack of VA examination. The Veteran contends that his conditions are related to service in Southwest Asia or his service-connected PTSD.

The Board dismissed the Veteran's appeals for increased ratings of PFB and duodenal ulcer, as well as his claim for service connection of OSA. The claims were withdrawn by the Veteran during a hearing before the Board.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected PTSD with obesity serving as an intermediary step.

The Board has granted service connection for obstructive sleep apnea as secondary to obesity caused by the Veteran's service-connected orthopedic disabilities.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD) with obesity as an intermediary step.

The Veteran's OSA was not incurred or aggravated during service, and the Board found no evidence linking it to his active duty.

The Board has remanded the claims of service connection for coronary artery disease and sleep apnea due to a lack of VA examinations, as well as potential exposure to ionizing radiation during service. The Veteran's participation in a toxic exposure risk activity (TERA) is conceded.

The Veteran's right and left lower extremity sciatic nerve radiculopathy are granted as secondary to his service-connected thoracolumbar spine disorder. The issues of service connection for seizure disorder, headache disorder, obstructive sleep apnea, right upper and lower extremity peripheral neuropathy, and bilateral flatfoot remain pending.

The Board has decided to remand the case due to inadequate opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected lumbosacral strain with degenerative arthritis, and if so, whether it would have occurred without the aggravation.

The Veteran's appeals for increased ratings on several knee and lower extremity conditions have been dismissed due to his withdrawal of the appeal.

The Board dismissed the appeals for service connection of irritable bowel syndrome and a back disability with sciatica due to the appellant's withdrawal of the appeal.

The Veteran's claim for service connection for sleep apnea is granted due to the submission of new and relevant evidence, but the case is remanded for a VA examination.

The Board has granted the Veteran's claims of service connection for an acquired psychiatric disorder and obstructive sleep apnea, finding that these conditions are related to his service-connected left hip condition and in-service exposure, respectively.

The Veteran is granted a TDIU effective February 16, 2018, due to her service-connected disabilities preventing her from securing and following substantially gainful employment.

The Veteran is granted an earlier effective date of January 12, 2019 for the award of service connection for radiculopathy of the left lower extremity associated with lumbosacral and thoracic strain.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the claim for service connection for obstructive sleep apnea. The Veteran's contention is that his sleep apnea is secondary to his service-connected PTSD. However, the VA examiner did not address whether the Veteran's PTSD impacts the ability to use the CPAP machine and aggravates his sleep apnea.

The Board has determined that the Veteran's Obstructive Sleep Apnea is not causally related to his service-connected disabilities, but may have been aggravated by them. The Board also found that obesity, which may be linked to his service-connected disabilities, was a substantial factor in causing his sleep apnea. As such, the issue must be remanded for further evaluation.

The Board has remanded the Veteran's claims for hypertension, pacemaker, PTSD, and sleep apnea as there was a pre-decisional error in not obtaining his personnel records. The claims are also remanded to obtain VA examinations to determine if these conditions are related to service.