Sleep apnea decisions — 2024

The Veteran's claim for service connection for sleep apnea disability is being remanded due to the submission of new evidence that suggests a link between his PTSD and diabetes mellitus disabilities and his current sleep apnea.

The appeal of the Veteran's claim for service connection for anxiety is dismissed as his PTSD, claimed as anxiety disorder, has been granted. The Board also denied service connection for bilateral hearing loss disability due to lack of evidence meeting VA criteria.

The Board has decided to remand the case due to insufficient opinions regarding service connection for sleep apnea, specifically whether it is related to active service or secondary to service-connected sinusitis.

The Veteran's sleep apnea is rated at a noncompensable level due to the aggravation by his service-connected PTSD, resulting in a current rating of 50 percent. The Board finds that this does not meet the criteria for a compensable rating.

The Veteran's OSA is service-connected due to aggravation by PTSD, but the RO assigned a noncompensable rating. The Board has determined that there was an error in not considering whether the OSA was aggravated by PTSD and has ordered a remand for further evaluation.

The Board has determined that the VA examinations and opinions related to the Veteran's obstructive sleep apnea and hypertension are inadequate, necessitating further examination and opinion.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder, with obesity acting as an intermediary step.

The Veteran's service-connected obstructive sleep apnea is rated at 50% since December 13, 2013. The effective date for this rating has been granted as of that date.

The Board has granted an effective date of July 1, 2019 for the award of a 70% disability rating for PTSD and has also granted entitlement to TDIU. The initial 40% disability rating for lumbosacral strain remains unchanged as there is no evidence of unfavorable ankylosis.

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 some persuasive evidence linking OSA and PTSD, with the Board resolving reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to a duty-to-assist error, and will need further examination to determine if the Veteran's sleep apnea is related to service or aggravated by his service-connected PTSD.

The Veteran's claim for service connection for sleep apnea is denied. The Veteran's asthma with COPD is rated at 100 percent effective November 1, 2023. The Veteran's TDIU claim as of November 1, 2023, is dismissed due to the grant of a 100% disability rating for his service-connected conditions.

The Veteran's obstructive sleep apnea, which was not incurred in service but aggravated by a pre-existing condition (sinusitis), is currently rated at 0 percent due to persistent daytime hypersomnolence and use of a CPAP machine. The Board denied a compensable rating.

The Board has determined that the VA contracted medical opinions are inadequate and remands the case for further development, including obtaining a new opinion on the etiology of the appellant's obstructive sleep apnea. The new opinion should consider whether the appellant's service-connected disabilities caused or aggravated his obesity, which may be an intermediate step between his service-connected disabilities and his current disability.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring the Veteran to be provided with a VA examination and an adequate medical opinion regarding his sleep disorder/sleep apnea.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, which he claims is secondary to his service-connected PTSD with a traumatic brain injury and allergic rhinitis and nasal fracture/traumatic deviated septum. The case is being remanded for an appropriate medical opinion.

The Veteran's PTSD is rated at 70% effective December 14, 2019. Service connection for obstructive sleep apnea as secondary to PTSD is granted.

The Veteran's IBS was granted an initial rating of 30 percent, the schedular maximum. The claim for service connection for OSA is remanded due to inadequate medical opinion.

The Board has denied service connection for an acquired psychiatric disorder, including PTSD and depressive disorder, as well as sleep apnea secondary to PTSD. The evidence does not support the presence of a valid in-service stressor or event leading to these conditions.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected tinnitus, and thus grants service connection for OSA as secondary to tinnitus.