Sleep apnea decisions — 2024

The Board has granted service connection for tinnitus but has remanded the claims of lumbosacral strain and cervical strain due to insufficient medical opinions.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient evidence and a need for further medical evaluation.

The Veteran's appeal for a higher rating for her service-connected sleep apnea with bronchial asthma was denied. The current disability rating of 50 percent is the highest possible under Diagnostic Code 6847, which pertains to obstructive sleep apnea.

The Veteran's claim for service connection for left foot plantar fasciitis is granted. The claims for right foot plantar fasciitis, COPD, and sleep apnea are remanded due to duty-to-assist errors.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that her service-connected PTSD and/or back disability did not cause her obesity, which is necessary to establish secondary service connection. The VA examiners provided more persuasive opinions than the private examiner.

The Board has granted service connection for sleep apnea, finding that the Veteran's obesity and subsequent obstructive sleep apnea are a result of his service-connected back and knee disabilities. The decision is based on evidence showing that the Veteran's weight gain was caused by his service-connected conditions.

The Board has granted service connection for obstructive sleep apnea but has remanded the issue of service connection for bipolar disorder.

The Board has granted service connection for the Veteran's obstructive sleep apnea disability, finding that it is proximately due to his service-connected PTSD.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities because his employment history did not show he was unable to secure or follow substantially gainful employment, despite having multiple service-connected conditions.

The Veteran's claim for earlier effective date for service connection of obstructive sleep apnea prior to January 28, 2021 is denied. The Board found that the Veteran did not continuously pursue her claims in the January 2019 decision and thus an earlier effective date was not preserved.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected PTSD. The decision is based on a private medical opinion that supports the link between PTSD and the Veteran's sleep disorder.

The Veteran's claims for service connection for obstructive sleep apnea, depression, and anxiety have been remanded due to the submission of new evidence. The AOJ is instructed to obtain additional medical opinions regarding the onset and etiology of these conditions.

The Board has denied the Veteran's claims of service connection for right knee, lumbosacral spine, left leg, and left hip disabilities due to a lack of evidence showing these conditions were incurred or aggravated by military service.

The Veteran's service-connected disabilities, including Parkinson's disease and its associated conditions, have rendered him unable to secure and follow substantially gainful employment since May 22, 2013.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The claims for service connection were not addressed as they are now moot.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and procedural errors, including a lack of OMPF verification for his service in Southwest Asia and VA examinations for sleep apnea and skin disorder.

The VA granted service connection for sleep apnea in a February 2023 rating decision, which resolved the appeal.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected acquired psychiatric disorder.

The Board has remanded the case due to a failure to provide an adequate statement of reasons or bases for its determinations and ensure that the duty to assist was met. Specifically, the Board did not obtain a VA examination to determine the nature and etiology of the Veteran's claimed sleep apnea.

The Board has remanded the claims for service connection for thyroid disorder and sleep apnea due to potential exposure to toxins during service. The Veteran's MOS as a Petroleum Supply Specialist may have exposed him to toxic substances, including PCBs and dioxin. A VA examination is needed to determine if his thyroid disorder is related to these exposures.