Sleep apnea decisions — 2024

The Board has decided to remand the Veteran's claim of service connection for obstructive sleep apnea due to insufficient evidence and a need for additional development.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected depressive disorder associated with degenerative disc disease of the lumbar spine. The issue of service connection for Left Lower Extremity Disability (Radiculopathy) is remanded.

The Veteran's service-connected disabilities, including sciatic nerve conditions and gout-related disabilities, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined rating of 80% due to these service-connected conditions.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the rating decision on appeal, including incomplete service personnel records and inadequate medical opinions.

The Veteran's claim for service connection for sleep apnea has been dismissed as he withdrew his appeal on May 10, 2024.

The Board has remanded the claims for service connection for obstructive sleep apnea due to burn pit exposure and secondary to post-traumatic stress disorder (PTSD). The VA did not provide adequate opinions regarding these theories of service connection.

The Veteran's lumbar spine disability is rated at 10 percent, and the claims for TDIU and DEA benefits are granted effective December 3, 2020.

The Veteran's service-connected disabilities did not render him unable to secure and follow substantially gainful employment, as his current ratings reflect the impairment caused by these conditions.

The Board has dismissed the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected left knee disability due to a procedural error in filing the appeal.

The Board dismissed the appeal for sleep apnea as the appellant requested withdrawal of the appeal.

The Veteran's claims for service connection for a back disorder and peripheral neuropathy are being remanded due to duty-to-assist errors in the initial decision.

The Board has remanded four issues of entitlement to service connection for various disabilities, including bilateral hearing loss, obstructive sleep apnea, left lower extremity radiculopathy, and right and left hand disabilities manifesting in pain. The AOJ is directed to obtain clarification from the Veteran regarding his VA treatment records and attempt to obtain private treatment records. Additionally, a new examination is required for each issue.

The Veteran withdrew his appeal, requesting to withdraw all issues related to the initial evaluation for left shoulder strain and service connection for various conditions including right shoulder strain, right ankle sprain, left ankle sprain, anxiety, right knee disability, left knee disability, erectile dysfunction, lumbosacral strain, migraines headaches, right upper hand nerve damage, left upper hand nerve damage, and sleep disturbances and/or insomnia.

The Veteran's obstructive sleep apnea is due to his service-connected degenerative arthritis of the cervical spine, thoracic spine, right upper extremity radiculopathy, and left lower extremity radiculopathy. Service connection for OSA as secondary to these conditions is granted from April 15, 2021.

The Veteran's OSA with cough variant asthma is currently rated at 50 percent. The Board has determined that a VA examination is necessary to determine the severity and extent of his service-connected disability.

The Board has denied service connection for allergic rhinitis due to its preexistence prior to service and not being aggravated by service. The remaining issues of sleep apnea, cervical spine disorder, and low back disorder are remanded for further development.

The Board has granted service connection for thoracolumbar spine disorder, right hip disorder, right knee disorder, left knee disorder, and left ankle disorder. The Veteran's obstructive sleep apnea is also considered secondary to his service-connected orthopedic disabilities.

The Board has decided to remand the Veteran's claims for sleep apnea, chronic back pain, right shoulder condition, and left shoulder condition due to a lack of VA examination in some cases.

The Board has denied service connection for right wrist, left wrist, and cervical spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, lumbar spine disability, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.,The Board has denied service connection for right wrist, left wrist, cervical spine, and lumbar spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.

The Board has remanded the case due to pre-decisional errors in obtaining a sleep study and addressing intermediate theories of entitlement, as well as VA toxic exposure risk activities. The Veteran's OSA is being remanded for further examination and opinion.