Sleep apnea decisions — 2024

The Board has decided to remand the claim of service connection for sleep apnea due to a pre-decisional duty to assist error. The Veteran's wife provided a lay statement about her observations during his active service, and the VA examiner's opinion is inadequate.

The Veteran's appeals for increased ratings for obstructive sleep apnea, right knee disability, and left ankle disability were denied. The Board found that the evidence did not support higher ratings than those currently assigned.

The Veteran's sleep apnea and right lower extremity radiculopathy were denied service connection as there was no evidence of a direct link to service or service-connected conditions.,Service connection for tinnitus was dismissed due to lack of case or controversy regarding the issue.

The Board has remanded the claims for service connection for bronchial asthma and sleep apnea due to inadequate medical opinions regarding their etiology.

The Veteran's lumbar spine disability was rated at 10 percent, but the Board found no evidence of limitation to less than 60 degrees of forward flexion or combined range of motion less than 120 degrees. The right hip/femur disabilities were separately rated as 20 and 10 percent.,The Veteran's right knee strain was not evaluated for a higher rating, and the right hip scar did not meet criteria for a compensable rating.

The Veteran's claim for service connection for sleep apnea has been granted. The claim for service connection for a nose condition (deviated septum) is being remanded.,New evidence submitted by the Veteran, including private treatment records and a nexus statement from a private physician, suggests that his current sleep apnea may be related to an in-service nasal fracture and subsequent surgery.

The Veteran's service connection claims for back impairment, PTSD, bilateral hearing loss, and heart impairment have been granted. The claim for psychiatric impairment other than PTSD is dismissed as part of the grant of service connection for PTSD. Service connection has also been granted for bilateral glaucoma due to in-service eye injury but not secondary to cataracts. The issue of service connection for sleep apnea as secondary to PTSD remains pending.

The Board has remanded the Veteran's claims for sleep apnea, left ankle numbness, right ankle numbness, left foot pain, and right foot pain due to a duty-to-assist error in not addressing whether these conditions are secondary to service-connected PTSD.

The Board has granted service connection for OSA on a direct service connection basis, finding that the Veteran's current diagnosis of OSA first manifested during active duty service.

The Veteran's appeal was granted, with an increased rating for major depressive disorder to 100 percent and service connection for cervical radiculopathy of the left upper extremity effective March 9, 2023.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected disabilities, specifically his depressive disorder and degenerative arthritis of the lumbar spine.

The Veteran has withdrawn her appeals for service connection and higher ratings related to sleep apnea, GERD, hypothyroidism, cervical spine disc disease, and PTSD. The claims are dismissed as a result.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected other specified trauma and stressor-related disorder and obesity. The decision acknowledges that obesity was a result of his service-connected condition.

The Board has decided to remand the Veteran's claims for additional development due to missing service treatment records and unattempted private medical record requests.

The Board denied the Veteran's claims of service connection for sleep apnea, an acquired psychiatric disability (including PTSD), and erectile dysfunction. The evidence did not support a finding that these conditions began during service or were related to service-connected disabilities.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to his inability to use assistive devices and his functional limitations.

The Board has decided to remand several claims due to inadequate examinations and missing evidence. The Veteran's migraine headaches, cervical spine strain, lumbosacral strain, and obstructive sleep apnea are all being reviewed further.

The appeal of a rating in excess of 40 percent for residuals of lumbosacral strain is dismissed as it is subsumed by the pending legacy appeal for an increased rating for the Veteran's back disability.

The Veteran's sleep apnea disability was granted a rating of more than 50 percent from January 31, 2020 to February 7, 2021. The thoracolumbar spine disability received a 40 percent rating during the same period and the cervical spine disability was denied a higher rating. TDIU was granted effective January 31, 2020.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to posttraumatic stress disorder (PTSD), is being remanded due to the need for a VA examination.