Sleep apnea decisions — 2024

The Board has decided to remand the Veteran's claims for sleep apnea, back disability, and right shoulder disability due to inadequate VA examinations. The Veteran will need new examinations to determine if his conditions are related to service or caused by other conditions.

The Board has found that the Veteran's obstructive sleep apnea may be related to his service-connected sinusitis and allergic rhinitis, but an addendum medical opinion is needed to address these issues.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected bilateral foot disability with obesity as an intermediate step.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected sinusitis/rhinitis, effective October 22, 2019.

The Veteran's claims for an earlier effective date for the 100 percent rating for PTSD, persistent depressive disorder to include TBI, and posttraumatic headaches are denied. The claim for restoration of the 30 percent rating for hypothyroidism is granted.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) due to a lack of a VA examination and medical opinion addressing whether OSA is secondary to service-connected PTSD. The PACT Act requires consideration of toxic exposure risk activities, including Vietnam service.

The Board has decided that the Veteran's claim for service connection for sleep apnea should be remanded due to a duty to assist error and because of potential exposure to asbestos during military service, which may relate to his current condition.

The Veteran's appeal for a higher disability rating for lumbosacral strain is being remanded due to an inadequate examination report from the previous VA examination, which did not consider all of his symptomology and functional limitations.

The Veteran's rating for lumbosacral strain status post thoracic degenerative disc disease with bulging discs and intervertebral disc disease was reduced from 20 percent to 10 percent, effective September 26, 2018. The appeal regarding this reduction is dismissed as the Veteran did not validly opt into the modernized review system (AMA).

The Board has decided that the Veteran does not have a current diagnosis of shortness of breath, hypertension, right knee disability, left knee disability, or OSA. The claims for these conditions are being remanded due to procedural and evidentiary issues.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to inadequate opinions in the previous VA examination and lack of consideration of all submitted evidence.

The Board has remanded the Veteran's claims of entitlement to service connection for obstructive sleep apnea and bilateral foot disabilities due to duty-to-assist errors. The AOJ is instructed to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA during his Navy Reserve service, associate any relevant military personnel records with the file, schedule a VA examination to determine the etiology of the Veteran's obstructive sleep apnea and bilateral foot conditions, and consider secondary service connection for both issues.

The Board denied the Veteran's request to reopen his claim for service connection for obstructive sleep apnea because it was not filed within one year of the August 2019 denial.

The Board has granted the claims for service connection for obstructive sleep apnea, right shoulder condition, and sternal pain due to the submission of new and relevant evidence. The cases are remanded for further development.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability, finding that the evidence supports a link between his back condition and his leg pain.

The Veteran's claims for service connection for OSA and hypertension have been reopened due to the submission of new and relevant evidence. The claims are now remanded for further development, including obtaining medical opinions regarding the etiology of these conditions.

The Veteran's service-connected PTSD and psoriasis are found to have caused his current OSA, thus granting service connection for the condition.

The Board has granted service connection for sleep apnea, finding that the evidence is approximately evenly balanced as to whether this disability had its onset during active service.

The Veteran's service-connected psychiatric disorder and sleep apnea have been granted with a rating of 100 percent.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient medical opinions regarding aggravation and a lack of toxic exposure risk activity nexus. The Veteran's statements about his symptoms are assumed credible, but further investigation is needed.