Sleep apnea decisions — 2024

The Veteran's appeal for service connection of sleep apnea was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for a higher rating for sleep apnea is denied. The current ratings of 30 percent prior to April 30, 2014, and 50 percent thereafter are appropriate.

The Veteran's sleep apnea is aggravated by his service-connected PTSD, and the Board has granted service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected primary insomnia disorder, right shoulder ac joint and glenohumeral joint degenerative joint disease, degenerative joint and disc disease, lumbosacral spine with compression deformity and degenerative arthritis, left knee retropatellar pain syndrome, right knee retropatellar pain syndrome, s/p left elbow sprain, left middle finger proximal interphalangeal joint dislocation, and right wrist s/p scapholunate ligament tear. As such, the Veteran's claim for service connection is granted.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that his symptoms began during active duty and are related to significant weight gain in service.

The Board has granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder (PTSD), finding that the Veteran's current condition is proximately due to or aggravated by his service-connected PTSD.

The Veteran's OSA and PTSD have been granted service connection, with the OSA receiving a direct grant based on in-service symptoms and the PTSD receiving an initial rating of 70 percent.

The Veteran's service-connected disabilities, including thoracolumbar spine arthritis with degenerative disc disease, acquired psychiatric disorder including unspecified depression, and sleep apnea, combine to a 70 percent rating. The Board finds the evidence in balance as to whether these conditions prevent the Veteran from obtaining or retaining substantially gainful employment.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active-duty service and grants entitlement to service connection.

The Board has granted service connection for obstructive sleep apnea, finding that it likely developed in service and worsened due to weight gain from the Veteran's service-connected disabilities.

The Board has remanded the claims for service connection for peripheral neuropathy of the left and right lower extremities, as well as OSA, to include as secondary to service-connected fibromyalgia. The reasons are that there is insufficient evidence regarding whether these conditions are proximately due or aggravated by the service-connected condition.

The appeal for service connection for sleep apnea is remanded due to a failure to address the issue of aggravation by the service-connected sinusitis.

The Veteran's initial compensable disability rating for service-connected rosacea is being remanded due to errors in the duty to assist and incomplete medical records.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims of service connection for chronic headaches and obstructive sleep apnea. The claims are being remanded due to duty-to-assist errors.

The Veteran's tension headaches are rated at the highest possible level (50 percent), and service connection for obstructive sleep apnea is granted as secondary to his service-connected headache and knee disabilities.

The Board denied the Veteran's claim for an earlier effective date prior to October 9, 2020 for the grant of service connection for OSA based on clear and unmistakable error (CUE), finding no CUE in the January 2018 rating decision.

The Board has remanded the claims for service connection for obstructive sleep apnea and migraine headaches due to insufficient evidence in the record.

The Board has granted the Veteran's claim for service connection for lumbosacral spine strain, finding that his current back disability had onset in service and has continued since service. The decision is based on the Veteran's reported fall during a road march while carrying a full ruck sack containing essential items.

The Board has granted service connection for obstructive sleep apnea and has remanded the right shoulder disability claim.

The Veteran's right ear hearing loss and tinnitus have been granted service connection. The acquired psychiatric disability, asthma, COPD, and sleep apnea are remanded for further examination and opinion.