Sleep apnea decisions — 2024

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected lumbar spine disability caused him to become obese, which was a substantial factor in causing his sleep apnea. The decision also concludes that obesity would not have occurred but for the lumbar spine disability.

The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.

The Veteran's hypertension is not service connected.,Obstructive sleep apnea, right forearm supination and pronation impairment, right forearm limitation of extension, and right forearm compartment syndrome with crush injury with fasciotomy are all granted as secondary to the service-connected left knee disability.

The Board has denied the Veteran's claims for service connection for GERD and OSA, finding that there is no persuasive evidence to support a nexus between these conditions and his military service.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's obesity, caused by his PTSD and major depressive disorder, is a substantial factor in causing his sleep apnea. Service connection was denied for chronic fatigue syndrome.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA), secondary to his service-connected disabilities, including obesity as an intermediate step.

The Board has decided to remand the claim of service connection for obstructive sleep apnea due to a lack of VA examination and consideration of all pertinent evidence, including the Veteran's lay statements and private medical opinion.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is proximately due to or aggravated by his service-connected asthma, and thus grants service connection for OSA as secondary to asthma.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type I, finding that the evidence is at least in equipoise that the sleep apnea is caused by his diabetes.

The Veteran's lumbosacral strain is granted a 10 percent rating prior to February 6, 2007.,Radiculopathy of the left and right lower extremities are denied higher ratings than 10 percent.,Effective dates for service connection for radiculopathy of the left and right lower extremities are denied before April 13, 2017.

The Board has decided to remand the claims for service connection for traumatic brain injury and lumbosacral strain due to a duty-to-assist error. The Veteran's VA treatment records from San Antonio, Amarillo Air Force Base, Hill Air Force Base, and Atlanta during his service period need to be obtained.

The Veteran's service-connected right shoulder and exercise-induced bronchospasm disabilities are found to have caused his obesity, which in turn led to his obstructive sleep apnea. As a result, the Board has granted service connection for OSA as secondary to these conditions.

The Veteran's claims for service connection for a back condition, bilateral hip condition, and bilateral knee condition have been remanded due to new evidence received after the final June 2022 rating decision.,Service connection has not been established for migraines.

The Veteran's appeals regarding TBI, cervical spine strain, tinnitus, and lumbosacral spine strain were dismissed because the appeal was not timely filed.

The Veteran's appeal for an increased rating in excess of 50 percent for PTSD has been dismissed.,The Veteran's claim for service connection for bilateral flat foot, fallen arches is dismissed due to the concurrent review request filed on May 19, 2022.,The Veteran's claims for service connection for a bilateral hip disability and a bilateral knee disability have been denied as there is no credible evidence of current disabilities.,The Veteran's claim for service connection for a lumbar spine disability has been denied due to the lack of competent medical evidence of a current disability.,The Veteran's claim for service connection for obstructive sleep apnea has been denied based on insufficient evidence.,The Veteran's claim for a compensable rating for bilateral hearing loss has been dismissed as there is no new and relevant evidence submitted after the initial decision.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence linking his current condition to his military service.

The Veteran's sleep apnea was not shown in service or for many years thereafter and is otherwise unrelated to his active-duty service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran became unemployable due to service-connected disabilities, specifically major depressive disorder and lumbosacral strain, on June 19, 2019. The effective date for the award of Total Disability due to Individual Unemployability (TDIU) is granted as of that date.

The Veteran's appeal is remanded due to issues with service connection for depression and increased ratings for his low back, right knee, and left knee disabilities. The case will be further reviewed by the Board.

The Board has decided to remand the Veteran's claims for service connection for obstructive sleep apnea and skin cancer due to a duty-to-assist error. The VA will need to provide an adequate medical opinion regarding whether these conditions are related to service, particularly considering the Veteran's weight gain and potential herbicide exposure.