Sleep apnea decisions — 2024

The Board denied readjudication of the service connection claim for sleep apnea because no new and relevant evidence was submitted after the final denial in February 2017.

The Board has granted service connection for sleep apnea on a secondary basis to allergic rhinitis and awarded an initial 50% rating, but no higher, for the Veteran's sleep apnea.

The Veteran's lumbosacral spine degenerative disc disease, left lower extremity sciatic nerve disability, and PTSD have all been granted service connection.

The Board has remanded the claims for migraines, left lower extremity sciatica, and sleep apnea as secondary to service-connected conditions due to pre-decisional duty to assist errors. The Veteran's exposure to environmental hazards in the Gulf War is also being addressed.

The Board has found new and relevant evidence that supports the Veteran's claim for service connection for sleep apnea secondary to PTSD. The case is being remanded for further review.

The Board has decided to remand the case due to a lack of sufficient medical evidence regarding whether the Veteran's OSA is secondary to his service-connected DM II, including diabetic complications. The AOJ must obtain an addendum opinion from an appropriate clinician addressing these issues.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran's right and left hip disorders are not service connected as they did not develop during active duty or due to a service-connected condition. The cervical spine disorder is also not service connected, with the exception of the lumbosacral strain which may be related to an in-service motor vehicle accident.,Both the right and left hip disorders were found not to have onset during service and are not linked to any service-connected conditions. The cervical spine disorder was associated with a motor vehicle accident.

The Veteran's claim for TDIU and basic eligibility for Dependents' Educational Assistance was granted from May 29, 2019. The appellant waived his right to attorney fees based on the August 2020 Rating Decision.

The Veteran's claim for a higher rating for intervertebral disc syndrome with lumbosacral strain and degenerative arthritis was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.,Service connection for sleep apnea was also denied as there is no persuasive evidence linking his current condition to service, and secondary service connection was not established.

The Board has decided to remand the case due to errors in fulfilling pre-decisional duty to assist and statutory duties. The Veteran's current sleep apnea is being examined for secondary service connection to PTSD, direct service connection, and potential PACT Act exposure-related claims.

The Veteran's sleep apnea, diagnosed as severe and life-threatening with indices of greater than 55 respiratory disturbances and 55% oxygen saturation, was granted service connection on a secondary basis due to his service-connected back pain, depressive disorder, knee disabilities, and left lower extremity radiculopathy.,The Veteran's cause of death from acute myocardial infarction caused by severe obstructive sleep apnea syndrome is also granted.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD and TBI, must be remanded due to a pre-decisional duty to assist error. An addendum opinion is needed from the VA examiner.

The Board has decided to remand the case due to a duty to assist error, specifically failing to provide the Veteran with notice of his right to a hearing before the AOJ. The issue of service connection for sleep apnea is now being returned to the AOJ for further action.

The Board has determined that there is at least an approximate balance of positive and negative evidence regarding whether the Veteran's obstructive sleep apnea (OSA) is related to his active-duty service. As such, the claim for service connection for OSA is granted.

The Board has denied the Veteran's claims for service connection for lumbar spine condition, right knee disability, right toe condition, bilateral hearing loss, and tinnitus as there is no evidence of a current disability or link to military service.,Service treatment records did not show any complaints or diagnoses related to these conditions. Post-service medical records also lacked relevant findings.

The Veteran's sleep apnea is granted as secondary to his service-connected posttraumatic stress disorder (PTSD).,Service connection for cirrhosis of the liver and hepatitis C are denied due to lack of current diagnosis.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence linking his current condition to his military service.

The Board has decided to remand the case due to a lack of sufficient medical evidence regarding the etiology of the Veteran's OSA, specifically whether it is secondary to his service-connected DM II and diabetic complications. The AOJ must obtain an addendum opinion from an appropriate clinician addressing these issues.

The Board denied service connection for enlarged prostate, chronic angle closure glaucoma, and sleep apnea as not related to service or toxic exposure.