Sleep apnea decisions — 2024

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected PTSD, with obesity as an intermediary step. The evidence supports this finding and reasonable doubt must be resolved in favor of the Veteran.

The Board denied service connection for sleep disturbance (claimed as sleep apnea) and granted a 10 percent initial rating for voiding dysfunction. The Veteran's voiding dysfunction is manifested by urinary frequency with awakening to void two times per night.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during service and are related to his military service.

The Board has decided to remand the case due to incomplete information and needs additional evidence regarding the Veteran's obstructive sleep apnea, including a non-VA sleep study report. The file will be returned for further examination by a VA examiner.

The Veteran's claim for service connection of OSA was granted with an effective date of January 22, 2015. The Board found that the initial denial in September 2016 did not become final due to new evidence submitted within one year of notification and considered by VA.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected bilateral tinnitus. The AOJ is required to obtain an addendum opinion from an appropriate clinician addressing whether the sleep apnea is at least as likely as not caused or aggravated by the tinnitus.

The Veteran's appeal for an earlier effective date for the grant of service connection for Obstructive Sleep Apnea (OSA) has been withdrawn, and thus the appeal is dismissed.

The Board has decided to remand the case due to a duty-to-assist error in the December 2019 examination, which did not consider other service-connected disabilities and prescribed medications. The Veteran's sleep apnea is being reviewed for potential secondary service connection.

The Veteran's degenerative disc disease of the lumbosacral spine with right lower radiculopathy is related to service and has been granted.

The Veteran's hypertension is granted as presumptively related to herbicide exposure in Korea. The Veteran's sleep apnea claim is remanded due to a duty-to-assist error.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the underlying claims at this time.

The Board has determined that the Veteran's OSA, diverticulitis, asthma, and CFS are related to his service-connected musculoskeletal disabilities, acquired psychiatric disorder, or obesity. The VA examinations were inadequate in addressing these relationships due to errors in factual premises.

The Veteran's claim for service connection for sleep apnea was previously denied in February 2015. The Board found that the August 6, 2019 supplemental claim did not constitute new and material evidence to reopen the case, as the findings of chronic sleep impairment were established prior to the denial. Therefore, an earlier effective date is denied.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected orthopedic and psychiatric disabilities.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected PTSD with alcohol use disorder, resolving all reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to a duty-to-assist error in the January 2021 VA examination, which did not adequately address the relationship between sleep apnea and service connection. A new VA examination is needed.

The Board has remanded the case due to inadequate VA medical opinions in its August 2023 decision, and now needs to provide a new opinion on whether the Veteran's back conditions are related to his military service.

The Board has denied the Veteran's claim for a separate rating for sleep apnea, finding that the February 2015 rating decision incorrectly applied the applicable laws and regulations existing at the time, when it assigned separate disability ratings for sleep apnea and asthma. The reduction in evaluation was proper based on CUE.

The Veteran's service connection claim for obstructive sleep apnea was granted. Claims for hypertension and headaches are remanded due to insufficient evidence.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and is related to it, granting the claim for service connection.