Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not related to his service-connected posttraumatic stress disorder.

The Board has determined that the Veteran's sleep apnea is related to service and may be aggravated by his service-connected hypertension. However, due to a pre-decisional duty to assist error, the case must be remanded for further examination and opinion.

The Board has dismissed the Veteran's appeals for service connection of hypertension, diabetes mellitus, obstructive sleep apnea, chronic fatigue syndrome, left knee disability, and erectile dysfunction as untimely.

The Board has determined that the Veteran's sleep apnea began during his military service and is related to his active duty, granting the claim for service connection.

The Veteran's TDIU claim is granted for the period beginning May 1, 2020, as he has a combined disability rating of 100% due to service-connected disabilities and was unable to secure or follow substantially gainful employment.

The Veteran's sleep apnea syndromes, initially diagnosed as obstructive sleep apnea (OSA), were aggravated by his service-connected acquired psychiatric disorder, causing central sleep apnea. The disability is currently rated at 50% due to the need for a CPAP machine, but no higher rating is warranted.

The Veteran's bipolar disorder has been granted a rating of 100 percent, the maximum schedular rating.,Service connection for insomnia is granted. The Veteran's sleep disorder is secondary to his service-connected bipolar disorder.

The Veteran's appeal for service connection for obstructive sleep apnea, which was secondary to their service-connected posttraumatic stress disorder, has been dismissed due to the Veteran's death.

The Board has decided to remand the claims for diabetes, heart disorder, and obstructive sleep apnea due to new evidence received. The claims for left shoulder, lumbar spine, right foot, and left foot disorders are also being remanded.

The Veteran's obstructive sleep apnea is proximately due to and/or aggravated by his service-connected PTSD, and the Board has granted service connection for this condition as secondary to PTSD.

The Veteran has withdrawn his appeals regarding headaches, left knee strain, and sleep apnea.

The Veteran's claim for secondary service connection for obstructive sleep apnea is remanded due to the failure to report for a scheduled VA examination. The Board finds that good cause has been shown and a new examination is required.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no current diagnosis of OSA and thus not meeting the first element of service connection. The Board also found that the August 2016 in-service diagnosis was based on an erroneous request from Tricare rather than a proper sleep study.

The Board has denied service connection for tinnitus and remanded the claims for higher ratings for GERD, rhinitis, sleep apnea, MDD, and ED. The Veteran's failure to report for VA examinations related to these issues constitutes a duty to assist error.

The Veteran's lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased ratings from February 24, 2023. However, the claims for a rating in excess of 20 percent for lumbosacral strain and entitlement to TDIU are being remanded.

The Veteran's sleep apnea, thoracolumbar spine disability, right and left ankle disabilities, right and left elbow disabilities, right and left hip disabilities, right and left knee disabilities, and cervical spine disability are being remanded for further development.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no persuasive evidence linking his current condition to his military service.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected degenerative arthritis of the right knee and right knee instability, finding that obesity caused by this condition substantially contributed to OSA.

The Veteran's claim for service connection for bilateral hearing loss (BHL) has been dismissed as he did not submit a proper supplemental claim to reopen the previously denied claim.,An initial rating in excess of 50 percent for PTSD is denied. The Veteran's PTSD results in reduced reliability and productivity but does not manifest in occupational and social impairment with deficiencies in most areas.

The Board has decided to remand the claims of service connection for anxiety, sleep apnea, sleep disturbances, and angina due to outstanding private treatment records not having been obtained. The Veteran is required to assist in this process by providing releases for VA to obtain any identified private records.