Sleep apnea decisions — 2024

The Board has decided that the Veteran's claim of entitlement to OSA secondary to PTSD should be remanded due to inadequate medical opinion and a failure to consider lay statements and the Veteran's medical record.

The Board has determined that the September 2020 rating decision severing service connection for lumbosacral strain was not proper and has remanded both issues of whether the September 2020 rating decision was proper, as well as the issue of entitlement to service connection for sciatica of the left leg as secondary to lumbosacral strain.

The Veteran's appeal for service connection for sleep apnea as secondary to posttraumatic stress disorder has been dismissed because the Veteran's attorney of record withdrew his appeal.

The Veteran's appeal for an effective date earlier than August 10, 2022 for the grant of service connection for hypertension is dismissed. The claim for increased ratings for hypertension and obstructive sleep apnea are denied. A TDIU is granted.

The Board has granted service connection for migraine headaches as secondary to the service-connected PTSD, but denied service connection for sleep apnea as secondary to the service-connected PTSD.

The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to January 11, 2021; no single service-connected disability rendered him unable to secure and follow a substantially gainful occupation on or after January 11, 2021.

The Board has determined that the Veteran's sleep apnea is as likely as not related to his service-connected acquired psychiatric disorder, and thus grants the claim for service connection.

Your appeal for service connection for obstructive sleep apnea (OSA) has been dismissed due to an administrative error in docketing.

The Veteran's claims for increased rating and service connection were denied as there was no evidence of an increase in severity or causation prior to October 14, 2020.,The Veteran did not file a formal or informal claim for sleep apnea prior to October 17, 2020.

Service connection for an acquired psychiatric disorder to include anxiety and depression is granted. Service connection for obstructive sleep apnea, gastroesophageal reflux disease (GERD), and a right knee disability are remanded.

The Board denied service connection for obstructive sleep apnea, diabetes mellitus, back disorder, and hypertension. The Veteran's bilateral foot condition (shin splints) and vision/eye condition were not addressed in the decision.,Service connection was remanded for coronary artery disease, left leg angioplasty, right leg angioplasty, and total disability rating based on individual unemployability.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's OSA is related to his service-connected PTSD and if it began during service.

The Board has found new and relevant evidence for the claims of service connection for right and left upper extremity peripheral neuropathy, migraine headaches, pulmonary fibrosis, bronchitis, allergic seasonal rhinitis, and sleep apnea. The Veteran's participation in a toxic exposure risk activity (TERA) due to his verified service in Republic of Vietnam is conceded. A remand is required to obtain medical opinions regarding the relationship between these conditions and the Veteran's in-service exposure to toxins.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD or related to in-service toxic exposure. The AOJ will obtain additional medical opinions and consider any potential exposures.

The Board has remanded the claims for obstructive sleep apnea, atrial fibrillation, and hypertension to obtain additional evidence and provide a new VA examination. The appellant seeks service connection for these conditions on a direct basis.

The Veteran's claim for service connection for a skin condition to include as due to an undiagnosed illness is granted. The claim for service connection for lumbosacral strain, to include as secondary to a service-connected left knee disability, is remanded.

The Veteran withdrew his appeal for service connection of sleep apnea, resulting in the dismissal of this case.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is caused by his service-connected PTSD.

The Board has restored service connection for sleep apnea, finding that the original decision was not clearly and unmistakably erroneous.

The Veteran's claim for service connection for sleep apnea is remanded due to a duty to assist error. The Board cannot consider evidence submitted after the SOC and before the VA Form 10182 was received, or more than 90 days after the form was received.