Sleep apnea decisions — 2024

The Veteran's claims for service connection for GERD and OSA, both secondary to PTSD, are remanded due to insufficient evidence regarding the onset and etiology of these conditions.

The Board has determined that the Veteran should have been provided VA examinations and medical opinions assessing his claims for service connection for right and left ear hearing loss, tinnitus, sleep apnea, and erectile dysfunction before the November 2022 rating decision on appeal was issued. The case is REMANDED to correct this error.

The Veteran's appeal for service connection of obstructive sleep apnea was dismissed due to his death during the appeal process.

The Veteran's appeal for increased ratings for PTSD and Lumbosacral strain is remanded due to the need to obtain private treatment records.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, left knee strain, and bilateral pes planus due to inadequate medical opinions regarding their etiology. The AOJ is required to obtain additional medical evidence addressing these issues.

The Board has denied an increased rating for the Veteran's lumbar strain disability and has remanded her claims of service connection for bilateral hip disabilities as secondary to her lumbar strain.

The Veteran's claim for service connection for an acquired psychiatric disability, including a depressive disorder and/or alcohol use disorder, has been denied. The Board found that the evidence did not support a finding of a current disability related to service or any other basis for service connection. Service connection for obstructive sleep apnea is remanded due to a pre-decisional duty to assist error.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current weight gain is not due to his service-connected musculoskeletal conditions and thus his sleep apnea is not secondary to these conditions.

The Board has determined that the Veteran's OSA is caused by his service-connected migraine headaches, with obesity as an intermediate step. Therefore, service connection for OSA is granted.

The Board granted service connection for lumbosacral strain, tension headaches, insomnia disorder, right thumb strain, and bilateral plantar fasciitis with pes planus. The Veteran's left eye pterygium was assigned a noncompensable evaluation.

The Board has decided to remand the case due to deficiencies in the VA examination opinion and a need for further clarification on whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected rhinitis.

The Board has granted service connection for headaches as secondary to tinnitus, but has remanded the cases of gastroesophageal reflux disease (GERD) and obstructive sleep apnea due to potential toxic exposure.

The Board has granted service connection for a right shoulder disability, sinus disability, left ankle disability, and sleep apnea. The left foot disability is also granted as secondary to the service-connected left ankle disability.,Service connection was established based on direct evidence of a present disability and credible lay statements regarding in-service events.

The Veteran's claim for tinnitus was denied due to the lack of a pending claim from 1991, and his formal claim for tinnitus was received on April 17, 2022.,The Veteran's low back disability claim is denied as there is no evidence of record demonstrating a current disability or functional impairment related to service.

The Veteran's OSA is currently rated at 50 percent, and the Board finds no basis to grant a higher rating.,The Veteran's headaches are currently rated at 30 percent, and the Board finds remand necessary for proper VA examination.

The Board denied the Veteran's claims for service connection for lumbosacral strain and a compensable rating for bilateral hearing loss, finding no evidence of in-service injury or disease that caused current symptoms.

The Board has granted service connection for the Veteran's low back disability, which began during active service and continued thereafter. The decision also remanded for a separate rating for left and right lower extremity radiculopathy.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected musculoskeletal and psychiatric disabilities, with obesity being the intermediate factor.

The Board has dismissed all claims due to the Veteran's death, as it does not have jurisdiction to adjudicate the merits of these appeals.

The Board has decided to remand the case due to the need for a VA examination and medical opinion regarding the Veteran's service connection claim for obstructive sleep apnea, given his confirmed participation in a toxic exposure risk activity (TERA).