Sleep apnea decisions — 2024

The Board has decided to remand the case due to a deficiency in the November 2021 VA examiner's opinion regarding the Veteran's sleep apnea. The Veteran is asked to provide an addendum that addresses whether it is at least as likely as not that his sleep apnea is related to service.

The Board has decided to remand the case due to a lack of VA records from the Veteran's service period and an error in denying the claim without affording a VA examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected depressive disorder. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has dismissed the issue of service connection for a right ankle disorder due to the Veteran's withdrawal. The remaining issues of service connection for cervical spine, left shoulder, thoracolumbar spine, and left leg disorders are remanded.

The Board denied an earlier effective date for the grant of service connection for obstructive sleep apnea, finding that the proper effective date is January 25, 2021.

The Veteran's degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is currently rated at 40 percent, which is the maximum schedular rating available.,An effective date prior to July 2, 2020, for a 40 percent disability rating for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is denied.

The Board has decided to remand the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is related to service or his service-connected disabilities.

The Board has remanded the claims of service connection for CAD with MI, high blood pressure (hypertension), and OSA due to inadequate medical opinions regarding their etiology.

The Veteran's PTSD with major depressive disorder is rated at 100 percent from March 3, 2020 to June 26, 2021.,Service connection for sleep apnea is granted.

The Board denied the Veteran's claim for VR&E services due to his meeting the threshold requirements for entitlement but not having an employment handicap, as determined by a VA counseling psychologist (CP) or VRC.

The Board has found that the Veteran's diabetes, hypertension, PTSD and OSA are related to service. The appeal is granted for all four conditions.

The Veteran's service connection claim for obstructive sleep apnea is remanded due to the need for a VA examination and medical nexus opinion regarding his participation in toxic exposure risk activities (TERA) during active military service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and consideration of outstanding medical records.

The Board has granted service connection for obstructive sleep apnea, finding that the current disability had its onset during service and is directly related to service.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of May 18, 2015. The Board found that the Veteran had good cause to file his VA Form 9 late and thus granted a retroactive effective date of May 18, 2015.

The Board has granted service connection for sleep apnea on a direct basis, finding that the Veteran's current condition is related to his in-service injury. The claim was denied for secondary service connection as the VA examiner opined against this theory.

The Veteran's OSA is granted as proximately due to his service-connected major depressive disorder, while other issues are denied.

The Board has denied the Veteran's claims for service connection for bronchitis and obstructive sleep apnea (OSA) as secondary to bronchitis due to a lack of evidence showing an in-service disease or injury, or a current disability related to service.

The Veteran's eczema (folliculitis/infection) and sleep apnea syndromes (sleep disorder) are related to service, resulting in a grant of service connection for these conditions.,For the neck condition and knee conditions, the case is remanded as further medical examination and opinion are needed.