Sleep apnea decisions — 2024

The Board has remanded the case due to a pre-decisional duty to assist error regarding the evaluation of the Veteran's service-connected asthma and sleep apnea. The Veteran needs VA examinations to determine their current severity.

The Veteran's service-connected disabilities do not render him unable to obtain and sustain substantially gainful employment, as he has reported working as an independent insurance agent.

The Veteran withdrew his claim for service connection for sleep apnea, and the appeal is dismissed.

The Board denied an increased rating for obstructive sleep apnea, as the Veteran's condition only required a CPAP machine and did not meet the criteria for chronic respiratory failure with carbon dioxide retention or cor pulmonale.

The Board has granted service connection for obstructive sleep apnea as proximately due to the Veteran's service-connected posttraumatic stress disorder with alcohol use disorder.

The Board has decided to remand the case due to duty-to-assist errors and additional medical opinions are needed regarding whether the Veteran's sleep apnea is related to service, including his Gulf War exposures.

The Board has found that new and relevant evidence was received since the March 2021 rating decision, warranting readjudication of the Veteran's claim for service connection for OSA. The case is now remanded to obtain a VA medical opinion regarding whether the Veteran's OSA is related to his service or aggravated by his diabetes mellitus.

The Veteran's claim for service connection for obstructive sleep apnea, which is claimed to be secondary to his service-connected reactive airway disease and allergic rhinitis, has been remanded due to inadequate medical opinions. The Board requires an addendum opinion from a qualified clinician to determine the nature and etiology of the Veteran's currently diagnosed sleep apnea.

The Board has remanded the case due to insufficient medical opinion regarding the nature, onset, and etiology of the Veteran's lumbosacral strain disability. The VA must obtain a new medical opinion on this issue.

The Board has decided to remand the claim of service connection for sleep apnea as secondary to allergic rhinitis and/or chronic sinusitis due to a pre-decisional duty to assist error. The Veteran's service-connected allergic rhinitis and/or chronic sinusitis is found to have caused or aggravated his current disability, but the VA examiner's opinion was inadequate.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD). The decision concludes that the Veteran's sleep apnea is proximately due to or aggravated by his service-connected PTSD and musculoskeletal conditions.

The Veteran's initial rating for chronic orthopedic symptoms of lumbosacral strain with spondylosis is denied as the evidence does not meet the criteria for a higher than 10 percent rating.,The Veteran's initial rating for associated lumbar radiculopathy, LLE, is denied as the evidence does not meet the criteria for a higher than 10 percent rating.

The Veteran's claims for sleep apnea and erectile dysfunction are granted, but his claim for GERD is remanded due to a duty to assist error.

The Veteran's TDIU claim from March 19, 2020 to October 4, 2022 is granted as he meets the schedular criteria for a combined rating of 70 percent due to multiple service-connected disabilities. The earlier effective date for Dependents' Educational Assistance (DEA) eligibility remains pending.

The Board has remanded the claims for service connection due to a duty-to-assist error, and for TDIU based on inextricably intertwined issues.

The Board has denied a higher rating for peripheral vascular disease, left lower extremity and remanded the cases of arthritis, left hip, lumbosacral strain, degenerative joint disease, right knee, and right ankle strain.

The Board has remanded the case due to insufficient reasoning and bases for the findings regarding the aggravation of sleep apnea by service-connected conditions, as well as obesity. The Veteran's claim will be reconsidered with a new examination.

The Veteran's appeal for service connection for obstructive sleep apnea as secondary to major depressive disorder has been dismissed due to the Veteran's death.

The Board denied service connection for lumbosacral spine, left knee, and right knee disabilities due to a lack of evidence showing current disability or functional impairment caused by these conditions.

The Veteran's service-connected retinitis pigmentosa is rated at the highest schedular criteria (100 percent) from September 17, 2009 to February 20, 2019.