Sleep apnea decisions — 2024

The Veteran's claims for service connection were denied in a February 2019 rating decision. The appeal was dismissed because the Veteran did not file a proper Notice of Disagreement using VA Form 21-0958, which is required under VA's legacy review system.

The Board has granted service connection for left knee osteoarthritis, instability, and total knee replacement, left knee scar, right-hand degenerative arthritis disability, left-hand osteoarthritis disability, and lumbosacral strain with osteoarthritis of the lumbar spine. The claims for left shoulder disability, higher evaluations for hip disabilities, and TDIU are remanded.

The Board denied service connection for obstructive sleep apnea, bilateral hearing loss, and erectile dysfunction. The Veteran's claims were not supported by current medical evidence.,There is no evidence of current diagnoses or symptoms related to the conditions in question.

The Board has granted service connection for the Veteran's low back disability and bilateral lower extremity radiculopathy, finding that these conditions are related to his active duty service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected posttraumatic stress disorder. The VA examiner must provide a more definitive opinion on causation and aggravation.

The Board has granted service connection for obstructive sleep apnea, finding that the evidence is in approximate balance as to whether the Veteran's OSA was caused by his service.

The Board has decided to remand the claim of service connection for obstructive sleep apnea, secondary to service-connected posttraumatic stress disorder due to a lack of an adequate opinion regarding causation and aggravation.

The Veteran withdrew his appeal, and the Board dismissed the case due to lack of allegations of errors in the determination.

The Board has granted the Veteran's claim for service connection for erectile dysfunction as secondary to hypertension, but has remanded the issue of service connection for OSA as secondary to service-connected PTSD and/or hypertension.

The Board has granted the Veteran's claim for financial assistance in acquiring specially adapted housing due to his service-connected disabilities resulting in loss of use of both lower extremities. The appeal seeking a special home adaptation grant is dismissed as moot.

The Board has remanded the claims for service connection for obstructive sleep apnea, an acquired psychiatric disorder (including PTSD, depression, and anxiety), chloracne, hypertension, and atrial fibrillation due to potential toxic exposure during service. The AOJ is instructed to obtain VA TERA opinions regarding these issues.

The Board has remanded the Veteran's claims for a scar and obstructive sleep apnea due to insufficient medical evidence in the file, requiring further examination and opinion.

The Veteran's claims for service connection are being remanded due to the need to obtain additional records and provide appropriate VA examinations.

The Veteran's appeal for service connection for left lower extremity radiculopathy, incontinence, and OSA is dismissed. Service connection for a back disability is granted with a 20% rating from August 23, 2019 to February 18, 2020.

The Board has denied the Veteran's claim for service connection of obstructive sleep apnea as secondary to her service-connected migraine headaches and hypertension, finding no evidence that these conditions caused or aggravated her OSA.

The Veteran's sleep apnea with asthma is currently rated at 50 percent, which is the maximum schedular rating available under Diagnostic Code 6847. The Board denied his request for a higher rating as his condition did not meet the criteria for a higher rating based on respiratory failure or tracheostomy.

The Veteran's dermatitis, OSA as secondary to PTSD, left ankle arthritis, and right ankle arthritis are all granted service connection.,The Board found that the Veteran's current conditions are related to his military service.

The Board has determined that there was a duty to assist error due to the lack of opinions on whether the Veteran's obstructive sleep apnea is aggravated by service-connected PTSD or any PTSD-associated chronic sleep impairment, and proximately due to or aggravated by service-connected lumbosacral spine strain with degenerative arthritis and IVDS or migraine headaches. The case is being remanded for further development.

The Board has determined that the Veteran's sleep apnea is related to his military service and granted service connection for this condition.

The Board dismissed the appeal regarding the recoupment of Veteran's disability severance pay because there was no benefit to be awarded and it is not an issue that provided an adverse outcome for the appellant.