Sleep apnea decisions — 2024

The Board has withdrawn the appeal for bilateral hearing loss and remanded the claims of TBI and sleep apnea due to pre-decisional errors. Further examination is required on remand.

The Board has remanded the Veteran's claims for obstructive sleep apnea and bilateral restless leg syndrome due to inadequate VA examinations, failure to consider service connection as secondary to service-connected disabilities, and potential PACT Act exposure.

The Board has denied the claim for service connection of OSA, finding that it was not incurred in or caused by service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his military service, granting service connection for this condition.

The Board has determined that the Veteran's service-connected Persistent Depressive Disorder (PDD) caused his obesity, which in turn caused his Obstructive Sleep Apnea (OSA). As a result, the Board grants service connection for OSA as secondary to PDD.

The Board has granted service connection for obstructive sleep apnea effective April 6, 2011. The pre-existing condition was aggravated during active service.

The Veteran's service-connected lumbosacral sprain and migraines have been granted. The acquired psychiatric disorder remains at a 70% rating.

The Board has granted service connection for sleep apnea as secondary to unspecified depressive disorder with obesity, finding that the Veteran's weight gain and obesity due to her service-connected mental health condition is a substantial factor in causing her current sleep apnea.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain and IVDS is denied. The Veteran's claim for service connection for neurogenic bladder dysfunction as secondary to his service-connected low back pain is granted.

The Board denied service connection for a heart disability, head injury to include TBI, cervical spine disability, and sleep apnea as the evidence did not support a nexus between these conditions and service.

The Veteran's lumbar spine disability is rated at 20 percent from March 22, 2010. He also received separate ratings of 10 percent for his right and left lower extremity radiculopathy during the appeal period.,The Veteran was granted TDIU based on his service-connected disabilities.

The Board has granted the Veteran's claims for service connection for sleep apnea, bilateral hearing loss, tinnitus, anosmia, bilateral optic neuropathy and glaucoma, and vertigo. The claims were previously denied in a May 2019 rating decision but readjudicated due to new evidence received after January 2018.

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) was incurred during active duty and grants service connection for OSA.

The Veteran's OSA is granted as secondary to his service-connected disabilities, including PTSD and musculoskeletal conditions.

The Veteran's appeal of the denial of service connection for sleep apnea has been dismissed due to a withdrawal by the appellant.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected lumbar disability, knee disability, and lower extremity radiculopathy.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's adjustment disorder with mixed anxiety and depression is rated at 30 percent, but the Board finds that it does not warrant a higher rating due to occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.,The Veteran's headaches are currently noncompensable. The evidence does not show characteristic prostrating attacks averaging one in two months over the last several months.

The Veteran's service-connected sleep apnea, back, knee, and shoulder disabilities prevent him from securing or following gainful employment. The Board finds the evidence to be in equipoise as to whether these conditions meet the criteria for a TDIU.

The Board has determined that there were errors in the duty to assist and remands the case for a new VA examination to determine the etiology of the Veteran's obstructive sleep apnea.