Sleep apnea decisions — 2024

The Board has decided to remand the case due to an inadequate nexus opinion and a need for further examination.

The Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities was denied because the effective date requested (prior to August 10, 2020) is not supported by evidence of a timely filed claim.

The Board has granted service connection for obstructive sleep apnea as secondary to major depressive disorder and right shoulder strain as proximately due to left shoulder disability. The decision resolves doubt in favor of the Veteran.

The Veteran's appeal of his claim for service connection for sleep apnea has been dismissed due to the Appellant's withdrawal of the appeal prior to a hearing scheduled in June 2024.

The Board denied the Veteran's claim for a total disability rating due to individual unemployability (TDIU) as there was no evidence showing that his service-connected disabilities prevented him from securing or maintaining substantially gainful employment.

The Veteran's service connection for an acquired psychiatric disorder, other than PTSD and diagnosed as major depressive disorder (MDD), obstructive sleep apnea, and PTSD is granted. The case is remanded to determine the nature and etiology of the Veteran's PTSD.

The Board has granted service connection for the Veteran's lumbosacral strain (back disability) due to combat involvement in Iraq, finding that his current condition is more likely than not related to his active duty service.

The Board has remanded the case due to a duty to assist error and the need for a VA examination regarding the etiology of the Veteran's sleep apnea, specifically considering potential exposure to burn pits during service.

The Board has granted service connection for hypertension and has remanded the issue of secondary service connection for obstructive sleep apnea to consider whether it is related to PTSD or aggravated by PTSD.

The Veteran's service-connected disabilities, including major depressive disorder, alcohol use disorder, asthma with obstructive sleep apnea, bilateral hearing loss, and tinnitus, render him unable to secure or follow a substantially gainful occupation. The Board has granted TDIU based on the combined impact of these conditions.

The Board has remanded the claims for service connection due to a duty to assist error. The Veteran's back injury is presumed to have occurred prior to service, but it is unclear if the preexisting condition worsened during service.

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability prior to October 18, 2019, finding that the evidence supports this rating based on the Veteran's service-connected conditions.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea and right great toe arthritis, as well as the relationship between his service-connected conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected TBI, PTSD, and musculoskeletal disabilities.

The Veteran's appeal for service connection of lumbosacral strain was dismissed because the appellant requested withdrawal prior to a decision being made.

The Veteran's appeal for service connection for obstructive sleep apnea (OSA) as secondary to major depressive disorder (MDD) is being remanded due to the need for a more detailed opinion regarding causation and aggravation.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, and therefore, he does not qualify for financial assistance in purchasing an automobile or other conveyance or adaptive equipment.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to her service-connected PTSD, finding that obesity caused by her PTSD is an intermediary step between her service-connected disability and diagnosed sleep apnea.

The Board denied effective dates prior to April 18, 2021 for the grants of service connection for various disabilities due to a lack of evidence showing an intent to file a claim before that date.

The Veteran's appeal for a higher disability evaluation for his lumbar spine disability was dismissed because the issue had already been adjudicated under the legacy system, and there is no case or controversy left to decide.