Sleep apnea decisions — 2024

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of September 7, 2018. The Board found that the Veteran's supplemental claim was received within one year of the December 7, 2019 rating decision and thus warrants a retroactive effective date.

The Board has determined that there were duty to assist errors in the initial denial of service connection for obstructive sleep apnea and remands the case for further development.

The Veteran's depressive disorder is granted service connection.,The Veteran's GERD is secondary to his depressive disorder and thus also granted service connection.,There is no evidence of a lumbar spine disability in service, and it is denied.,Sleep apnea was not found in service and is also denied.,Bilateral hearing loss and tinnitus are remanded for further evaluation.

The Board has determined that the VA medical opinion obtained in April 2021 is inadequate for adjudication purposes and requires a new examination to determine the nature and etiology of the Veteran's sleep apnea. The examiner must provide opinions on whether the condition had its onset during service, is related to service, or was caused by, aggravated by, or would not have occurred but for a service-connected disability.

The Board has determined that the Veteran's Obstructive Sleep Apnea is related to his service, and grants service connection for this condition.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected PTSD with alcohol use disorder and traumatic brain injury.

The appeal for service connection for an acquired psychiatric disorder is dismissed because the Veteran's claim was granted in a prior decision. The claims of service connection for sleep apnea and bilateral flat feet are remanded due to duty-to-assist errors.

The Board has determined that new and relevant evidence has been presented regarding the Veteran's claim for service connection for OSA, secondary to his service-connected acquired psychiatric disorder. The case is being remanded for further review.

The Board has decided to remand the case due to inadequate medical opinion regarding the Veteran's lumbosacral strain. The VA needs to obtain a new medical opinion to address whether the condition is service-connected and if it is aggravated by any service-connected conditions.

The Veteran's claim for an earlier effective date for service connection of sleep apnea was denied as the claim was received after the date entitlement arose.

The Board has decided to remand the case due to a failure to provide a VA examination prior to denying service connection for obstructive sleep apnea, which is related to PTSD. The Veteran's claim will be returned to the RO for further action.

The Board has identified errors in the VA's duty to assist and has ordered remand for additional examinations and opinions on service connection claims for heart condition, hypertension, PTSD, and sleep apnea.

The Board denied the Veteran's claims of service connection for bilateral knee disability and lumbosacral spine disability, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's lumbosacral strain with intervertebral disc syndrome is currently rated at 20 percent, and his right lower extremity radiculopathy is also rated at 20 percent. The appeal for a higher rating for the lumbosacral strain has been denied.

The appellant withdrew all pending appeals regarding the ratings and service connection for various conditions, including major depressive disorder with anxious mood, asthma, allergic rhinitis, left ankle sprain, gastroesophageal reflux disease (GERD), right hip osteoarthrosis, right knee osteoarthrosis, hypertension, fatigue, migraine, and sleep apnea.

The Board has determined that there was a duty to assist error in failing to provide adequate VA medical opinions assessing the Veteran's claimed OSA. The case is being remanded for addendum VA medical opinions.

The Veteran's OSA and right ankle disability are granted service connection, while the Veteran's Persistent Depressive Disorder claim is remanded for further examination.

The Board has denied the readjudication of service connection for pes planus and remanded the issue of service connection for sleep apnea.

The Board has determined that the VA medical opinion relied upon in the May 2021 rating decision is inadequate due to an inaccurate factual premise. The claim for service connection for Sleep Apnea (OSA) is being remanded to obtain a new, adequate VA examination and medical opinion.

Your claim for service connection for sleep apnea has been granted, and you are now receiving full benefits. The appeal is dismissed as there are no remaining issues to address.