Sleep apnea decisions — 2024

The Veteran's service connection claims for various conditions, including tinnitus, depression, anxiety disorder, psychosis, insomnia, PTSD, left shin splints, right shin splints, and sleep apnea are granted. The claims for bilateral pes planus, endocervicitis, gastritis, GERD, irritable bowel syndrome, otitis media, and eye infection remain denied.

The Veteran's claim for an earlier effective date for the grant of service connection for acne, seborrheic dermatitis and rosacea is denied because the December 1974 rating decision denying these conditions was final, and there were no unadjudicated claims prior to March 26, 2010.

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) is secondary to his service-connected Posttraumatic Stress Disorder (PTSD). As such, the claim for service connection for OSA is granted.

The Veteran's claims for service connection for sleep apnea and allergic rhinitis/sinusitis as secondary to bronchial asthma have been dismissed. The claim for a rating in excess of 30 percent for bronchial asthma is remanded.

The Board has decided to remand the case due to a duty to assist error regarding whether the Veteran's sleep apnea is aggravated by his service-connected depression disorder.

The Veteran's OSA is currently rated at 0 percent, effective November 14, 2016. The Board finds that the weight of the evidence does not support a compensable rating for his sleep apnea.

The Veteran's service connection for obstructive sleep apnea as secondary to a service-connected disability is denied.,The Veteran's request for restoration of a 40 percent rating for lumbar strain with spondylosis and a rating in excess of 10 percent is remanded.

The Board has determined that the Veteran's service-connected PTSD and sleep apnea are related, with the opinion of an independent medical expert finding it more likely than not that her sleep apnea was caused by or aggravated by her service-connected PTSD.

The Veteran's claim for service connection for tinnitus is granted as the evidence shows that his current condition likely began during service. However, his claims for bilateral hearing loss, traumatic brain injury, sleep apnea, and cervical degenerative disc and joint disease are denied due to lack of a current disability diagnosis.,There is no current diagnosis of bilateral hearing loss or traumatic brain injury related to service. The Veteran's claim for sleep apnea is also denied as there is insufficient evidence of a current disability. Service connection for cervical degenerative disc and joint disease (claimed as cervical strain) is not granted due to lack of a current condition.,The Veteran's tinnitus claim is supported by his credible statements about the onset and impact of the condition during service, but he does not have a confirmed diagnosis of hearing loss or traumatic brain injury. The Board finds no evidence linking these conditions to service.

The Board has decided that the Veteran's OSA is not service connected due to his PTSD, and has ordered a remand for further examination and opinion.

The Veteran's claim of service connection for sleep apnea is remanded due to a pre-decisional error in the January 2021 rating decision, specifically failing to consider the Veteran's exposure to environmental hazards during his Gulf War service. The Board finds that an adequate medical opinion regarding the relationship between the Veteran's current diagnosis and his military service, including Gulf War exposures, is necessary.

The Board has decided to remand the case due to a duty-to-assist error and insufficient medical opinion regarding the Veteran's back disability.

The Board has determined that the Veteran's OSA claim should be remanded due to insufficient evidence and conflicting opinions regarding whether PTSD caused or aggravated his OSA.

The Board has determined that additional medical opinions are needed to address the Veteran's claim for service connection for obstructive sleep apnea, as there is an inadequate opinion regarding whether his PTSD may have aggravated his sleep apnea.

The Veteran's bilateral hearing loss and tinnitus have been granted service connection, with the Board finding that there is at least as much evidence to support these conditions being related to his military service. The Veteran's headaches, left elbow disability, left wrist disability, left hip disability, right hip disability, left knee disability, cervical spine disability, and lumbosacral spine disability have been remanded for further review.,The Board has found that the evidence is in equipoise as to whether the Veteran's bilateral hearing loss and tinnitus are related to his military service. The Veteran's headaches, left elbow disability, left wrist disability, left hip disability, right hip disability, left knee disability, cervical spine disability, and lumbosacral spine disability have been remanded for further review.

The Veteran withdrew their appeal, and the Board dismissed the case as a result.

The Veteran's claims for service connection and compensable ratings for various conditions related to his knees, nerves, sleep, and legs have been denied. The Board found that the evidence did not establish current disabilities or persistent symptoms for some of these conditions.

The Board has granted service connection for PTSD and right knee arthritis, but the claim of sleep apnea secondary to PTSD is remanded due to insufficient evidence. The Veteran's testimony about snoring in service and buddy statements are new evidence that may support a finding of service connection.

The Veteran's claim for service connection for obstructive sleep apnea was dismissed because he did not specify a specific rating decision in his notice of disagreement.

The appeal for service connection for sleep apnea is dismissed because the July 2021 decision did not constitute a final, appealable decision.