Sleep apnea decisions — 2024

The Board has remanded the claim for service connection for sleep apnea due to a pre-decisional failure of the duty to assist based on an inadequate examination. The Veteran contends that his sleep apnea developed during active service from October 2001 to September 2002, and he also alleges exposure to toxic environments in service. A records-based examination is needed to address these claims.

The Veteran's appeal of his claims for service connection for various conditions was dismissed because the Notice of Disagreement (NOD) was filed more than a year after the most recent decision denying those claims.

The Veteran's tinnitus was granted service connection as it is found to be due to noise exposure in service. The low back and GERD disabilities are remanded for further development.

The Board has decided to remand the Veteran's claim of entitlement to service connection for obstructive sleep apnea (OSA), including as secondary to his service-connected rhinitis, chronic bronchitis, tinnitus, and sinus condition. The decision is based on pre-decisional duty to assist errors related to obtaining private medical records from Dr. Donn Dexter and the need for new VA opinions addressing the nature and etiology of the Veteran's OSA.

The Veteran's service-connected disabilities do not currently demonstrate an actual need for special monthly compensation based on the need for regular aid and attendance.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD).

The Board has decided to remand the case due to inadequate medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his military service, specifically toxic exposure. The case is being sent back for a new examination.

The Veteran's claim for an earlier effective date and increased rating for lumbosacral strain was denied. The Board found that the earliest effective date for a 10% rating is February 26, 2020, as this is when the Veteran submitted his intent to file a new claim.

The Veteran's hypertension claim is denied as his diastolic pressure has not been predominantly 100 or more, and he does not have a history of such requiring continuous medication. The OSA claim is remanded due to the need for an addendum opinion regarding its relationship to service-connected CAD.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities, including posttraumatic stress disorder (PTSD), left shoulder strain with rotator cuff impairment, degenerative arthritis of the lumbar spine with intervertebral disc syndrome, and others.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's obstructive sleep apnea is related to his service-connected conditions or incurred during active duty.

The Veteran's obstructive sleep apnea is being remanded for a TERA medical opinion to determine if it is at least as likely as not related to his active service, including deployments in Egypt where he participated in toxic exposure risk activities (TERAs).

The Board denied the Veteran's claim for service connection of sleep apnea, finding that the current evidence does not support a link between his in-service symptoms and his current condition.

The Board has denied the Veteran's claim for service connection for lumbosacral strain, claimed as back condition. The Board has also remanded the issue of service connection for skin condition of the feet, to include tinea pedis and athlete's foot, claimed as fungus in feet, leg.

The Board has decided that the Veteran's service connection claim for obstructive sleep apnea should be remanded due to a failure to provide a VA examination as required by law.

The Board has decided to remand the case due to a failure to provide an opinion on whether the Veteran's sleep apnea was aggravated by his service-connected cervical spine disability. The case will be returned for further examination and opinion.

The Veteran's claim for an earlier effective date for service connection of a low back disability was denied as there were no pending, unadjudicated claims prior to October 25, 2021.

The Board has remanded the claim of secondary service connection for sleep apnea (OSA) because it is unclear whether obesity caused or aggravated OSA, and an examination is needed to determine this.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected diabetes mellitus type I.

The Veteran's sleep apnea was denied as not etiologically related to service.,The Veteran's hypertension was denied as not meeting the criteria for a compensable rating.