Sleep apnea decisions — 2024

The Board denied the claims of service connection for a right hip condition, to include right hip replacement and left hip condition. The claim of service connection for skin cancer was also denied. The Veteran's current conditions are not related to his military service.

The Board has determined that the Veteran's sleep apnea may be related to his service-connected posttraumatic stress disorder (previously adjustment disorder with anxiety) and/or tinnitus, as well as in-service exposure to burn pits. The claim is being remanded for further examination and opinion.

The Veteran's obstructive sleep apnea is found to have started during his military service, and the Board has granted service connection for this condition.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as there is no evidence of a prior claim or reference to the condition before August 17, 2018.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during his active duty and are related to his current condition.

The Board has decided to remand the case due to insufficient opinions regarding service connection for obstructive sleep apnea and whether the Veteran's obesity aggravated his condition. The VA will provide an appropriate examiner to address these issues.

The Veteran withdrew his appeal for an earlier effective date for the 50 percent evaluation assigned for service-connected obstructive sleep apnea with asthma.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected major depressive disorder and right foot disability due to obesity resulting from these conditions.

The Veteran withdrew his appeals for service connection for obesity and sleep apnea secondary to service-connected disabilities, and the Board dismissed these appeals.

The Veteran withdrew his claim for service connection for obstructive sleep apnea (OSA) and the appeal is dismissed.

The Board has decided to remand the case due to inadequate opinion in the VA examination, and requires a new examination with an appropriate expert to determine the nature and etiology of the Veteran's obstructive sleep apnea (OSA) and its relationship to service.

The Veteran's back condition and left lower extremity radiculopathy were granted service connection effective June 28, 2020.,A 40 percent rating for the back condition was also granted effective June 28, 2020.

The Board has remanded the claims for obstructive sleep apnea, diabetes mellitus, and loss of use of a creative organ due to potential secondary service connection. The Veteran's PTSD is service-connected in all three cases.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD, with obesity as an intermediate step.

The Veteran's obstructive sleep apnea was found to have begun during his active service and is granted as a direct result of service connection. The claim for secondary service connection based on maxillary sinusitis is not addressed in this decision.

The Veteran's claim for an earlier effective date of May 23, 2013 was granted for the grant of service connection for obstructive sleep apnea associated with PTSD and alcohol use disorders.

The Veteran's service-connected disabilities, including his lumbar spine disability and psychiatric conditions, have rendered him unable to secure or follow a substantially gainful occupation. His hypertension is not currently service connected.

The Board has denied the appellant's claim for a TDIU due to his service-connected disabilities, finding that he is not unemployable prior to June 5, 2023. The combined rating of his service-connected conditions does not meet the criteria for a TDIU.

The Veteran's appeal for service connection for sleep apnea was dismissed because the Veteran requested a withdrawal of his appeal in January 2024.

The Board has decided to remand the case due to inadequate medical opinions and a need for further examination, particularly in light of recent changes in law.