Sleep apnea decisions — 2024

The Board has decided to remand the claims for obstructive sleep apnea and cervical spine disability due to insufficient evidence, including inadequate opinions on causation and aggravation.

The Veteran's claim for service connection for chronic lumbosacral pain status post L2-L5 fusion is granted. The claim for service connection for bilateral foot disorder is denied. The hypertension claim has been remanded, and the TDIU claim is also remanded.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as there are procedural errors and need for additional evidence. The issue will be reconsidered with a focus on whether the Veteran's sleep apnea is related to his active service or secondary to his service-connected posttraumatic stress disorder (PTSD).

The Board has remanded the claims of service connection for bilateral pes planus, lumbosacral strain, and bilateral knee disability due to conflicting opinions regarding the preexistence and aggravation of these conditions during service.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed due to the death of the Veteran, and the Board has no jurisdiction to adjudicate the merits of the claim.

The Veteran withdrew his appeal regarding the claim for service connection for lumbosacral strain before a decision was made by the Board.

The Board has decided to remand the case due to insufficient nexus opinions and a failure to seek an addendum regarding the Veteran's obstructive sleep apnea. The AOJ is instructed to obtain service treatment records, specifically his separation exam, and provide an addendum from an appropriate clinician addressing whether the Veteran's obstructive sleep apnea was directly related to his service, including exposure to asbestos, and if it was caused or aggravated by his service-connected tinnitus.

The Veteran's claims for service connection for bilateral hearing loss and sleep apnea have been denied. The Board found that the evidence did not support a finding of in-service onset or etiology for either condition.

The Board has dismissed the appeal due to the death of the claimant, and no service connection is granted for any condition.

The Board has remanded the case due to an inadequate VA examination, requiring a new opinion on whether the Veteran's obstructive sleep apnea is related to his military service.

The Board has decided to remand the case due to duty-to-assist errors and insufficient opinions regarding the Veteran's OSA. The AOJ is required to obtain authorization for private treatment records, provide an addendum opinion addressing the etiology of the Veteran's OSA, and determine if his service-connected PTSD caused or aggravated his OSA.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of October 16, 2020.

The Veteran's service-connected PTSD is found to have caused or aggravated his current OSA disability, and the Board grants service connection for this condition.

The Board has granted service connection for bilateral hearing loss. The remaining claims of service connection for chronic sinusitis, left shoulder strain, lumbosacral strain, and radiculopathy, right lower extremity are remanded due to the need for additional medical opinions.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD, finding an approximate balance of positive and negative evidence.

The Veteran's OSA is rated at 50 percent, and a separate 60 percent rating for CFS from April 10, 2024 has been granted.,The Veteran also received a TDIU based on his service-connected disabilities.

The Board has decided to remand the case due to a lack of consideration of aggravation and the Veteran's lay report regarding the onset of his symptoms. A new examination is needed to address these issues.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, as there is at least equipoise evidence to support a finding that it was present during active duty.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected right and left knee disabilities and major depressive disorder.

Service connection for PTSD is granted, while sleep apnea service connection is denied. The penile condition issue has been remanded.,The Veteran's PTSD was found to be related to in-service stressors and thus service connected.