Sleep apnea decisions — 2024

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide VA examinations and adequate medical opinions.

The Board has granted service connection for cervical spine, lumbosacral strain, left knee strain, and right knee strain disabilities. The decision is based on the Veteran's credible lay statements regarding symptoms that began during military service.

The Board has remanded the Veteran's claim for service connection for lumbosacral strain due to insufficient medical evidence regarding the etiology of his condition. The case will be returned to the AOJ with instructions to obtain an adequate VA examination and medical opinion.

The Board has granted the Veteran's requests to readjudicate their previously denied claims for erectile dysfunction and sleep apnea. However, these claims are still pending as they have been remanded back to the AOJ for a de novo review on the merits.

The Veteran withdrew their appeal concerning the issue of entitlement to service connection for obstructive sleep apnea.

The Veteran is granted an effective date of September 28, 2015 for a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA). The TDIU was awarded due to the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment. The DEA eligibility is also granted as of September 28, 2015.

The Veteran's claim for a rating in excess of 10 percent prior to December 16, 2021, for his low back disorder is denied. The effective date for the TDIU and DEA benefits remains March 16, 2015.

The Veteran's appeals for service connection for back and head injuries were dismissed due to failure to file a timely VA Form 10182 within one year of receiving the October 8, 2021, Rating Decision.

The Veteran's atypical chest pain and GERD are found to be secondary to his service-connected asthma, thus granting service connection for these conditions.,His low back condition is found to have been aggravated by his service, allowing for service connection on an aggravation basis. However, the bilateral pes planus was not shown to have worsened during service.

The Board has determined that a remand is necessary to correct a pre-decisional duty-to-assist error and obtain addendum opinions regarding the relationship between the Veteran's service-connected disabilities (particularly chronic sinusitis with headaches and allergic rhinitis) and his obstructive sleep apnea.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep disability, including Obstructive Sleep Apnea and Hypersomnolence. Additional development is required.

The Veteran's claim for service connection for arthritis of the cervical spine was denied as there is no evidence linking it to his military service or any service-connected conditions.,Service connection for obstructive sleep apnea was granted based on its presence in service and persistence post-service.

The Veteran's claims for increased ratings and related issues are being remanded due to the need to obtain non-VA medical records from West University Wellness and Westchase Health and Rehabilitation Center, which have not been associated with the claims file. The AOJ is instructed to readjudicate the claims after obtaining these records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his military service, specifically exposure to asbestos or other toxic substances. The Veteran was exposed to asbestos in service but no nexus between current OSA and this exposure could be established.

The Veteran's claim for service connection of OSA was denied in June and October 2018. He filed a new claim on June 25, 2020, which resulted in the grant of service connection with an effective date of June 25, 2020.

The Veteran's claims for service connection were denied for various conditions, with some issues being remanded.,No new or material evidence was presented to reopen previously denied claims.

The Board has determined that the VA medical opinion provided in December 2021 was inadequate and requires further examination to determine if the Veteran's service-connected low back disability caused or aggravated his obesity, which may have contributed to his OSA. The examiner must provide opinions on causation and aggravation of obesity by the service-connected low back disability.

The Board has granted service connection for Traumatic Brain Injury, Migraine Headaches, and Sleep Apnea. The TBI is found to be of service origin, the headaches are related to the TBI, and the sleep apnea is linked to the Veteran's service-connected disabilities including his TBI.

The Board has determined that the evidence is insufficient to make a fully reasoned determination on the Veteran's claim for service connection for obstructive sleep apnea (OSA) secondary to his service-connected congestive heart failure, diabetes mellitus, sinusitis, and rhinitis. The case is being remanded to obtain an adequate medical opinion addressing the nature and etiology of the Veteran's OSA, including aggravation by a service-connected disability and obesity as an 'intermediate step.'

The Board has decided to remand the case due to insufficient medical opinions regarding service connection for OSA. The AOJ is required to obtain an addendum VA opinion addressing direct service connection and whether obesity/weight gain as a result of service-connected disabilities was a substantial factor in causing OSA.