Sleep apnea decisions — 2024

The Board has remanded the case due to an error in failing to provide the Veteran with a right to a hearing before the AOJ, and instructions are given for the AOJ to correct this error.

The Board denied an earlier effective date for service connection of OSA and obesity, finding the earliest possible effective date is July 3, 2018.

The Veteran's service-connected throat cancer and its residuals have been granted effective from March 12, 2010. The Board has also granted earlier effective dates for several other disabilities including obstructive sleep apnea, urinary frequency, peripheral neuropathy of the bilateral upper and lower extremities, facial numbness and nerve impingement, and surgical scars.

The Veteran's initial disability rating for right knee traumatic arthritis is denied, as the evidence does not meet the criteria for a higher rating.

The Board has remanded the case due to a duty to assist error and insufficient medical opinion regarding whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Board has denied the Veteran's claims for service connection for sleep apnea, migraine headaches, and right ear hearing loss. The Board has also remanded the Veteran's claims for a compensable rating for his head scar and for service connection for his lower back disability.

The appeals for service connection for coronary artery disease, sleep apnea, and left ankle disabilities are denied. The appeal for right ankle disability is remanded due to new and relevant evidence being submitted.

The Board has granted service connection for the Veteran's upper airway resistance syndrome (UARS) as secondary to his service-connected posttraumatic stress disorder (PTSD).

The Veteran's Obstructive Sleep Apnea is granted as secondary to his service-connected anxiety disorder with somatic symptoms and orthopedic conditions that have caused weight gain.

The Board has denied the Veteran's claim for service connection for a back disability, finding that there is no evidence to support a link between his current condition and military service.

The Board has determined that new and relevant evidence was received, warranting readjudication of the claim for service connection for sleep apnea. The Veteran's claim is remanded to obtain an addendum opinion from a clinician regarding whether his sleep apnea is secondary or aggravated by his service-connected PTSD.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his post-traumatic stress disorder (PTSD). The decision concludes that OSA is at least as likely as not caused by PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected asthma, as the weight gain and obesity resulting from his asthma have contributed to his current OSA.

The Veteran's initial disability rating for the service-connected unspecified depressive disorder is denied. The claims of entitlement to service connection for obstructive sleep apnea, left groin injury (claimed as left thigh muscle stain/pull), and left knee degenerative arthritis are remanded.

The Board has remanded the case due to insufficient evidence from a September 2019 VA examination, and an additional VA examination is needed to determine the current severity of the Veteran's lumbosacral spine disability.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected anxiety disorder through the intermediate step of obesity.

The Board has decided to remand the case due to insufficient evidence for service connection of sleep apnea, including a lack of STRs and inadequate opinions. The Veteran's claims will be reconsidered with new medical examinations.

The rating for lumbosacral strain with degenerative disc disease, lumbar spondylosis, and intervertebral disc syndrome was restored to 20 percent effective September 17, 2019.,A 30 percent rating for cervical spine strain with degenerative endplate changes at C4-C7 is granted effective May 9, 2019.,A 30 percent rating for migraine headaches is granted effective May 9, 2019.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient examination and consideration of lay statements and exposure to burn pits.

The Veteran's PTSD is rated at 50 percent, effective February 9, 2021. Service connection for sleep apnea has also been granted.