Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for service connection for left and right ankle conditions, asthma, and obstructive sleep apnea due to a lack of medical records and an inadequate examination.

The Veteran's claims for service connection for tinnitus and sleep apnea have been denied as there is no evidence of a current disability or a relationship to service.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to a duty to assist error in the initial rating decision.

The Veteran's claim for service connection for OSA was granted with an effective date of April 5, 2010. However, the Board has remanded the case to consider a higher initial disability rating for OSA from April 5, 2010, to November 29, 2016.

The Veteran's service connection for sleep apnea was denied, while hypertension was granted based on presumed herbicide exposure. The claim for erectile dysfunction is being remanded.,Service connection for hypertension has been established due to presumed herbicide exposure in Vietnam.

The Board has granted service connection for sleep apnea, finding that it is caused by the Veteran's service-connected PTSD with unspecified depressive disorder and lumbar strain with central annular tear L5-S1, with obesity as an intermediate step.

The Board dismissed the appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in a November 2020 Rating Decision as the appellant withdrew his Notice of Disagreement.

The Veteran's claims for service connection were denied in a February 2019 rating decision. The appeal was improperly docketed and dismissed due to non-compliance with essential claims-processing rules.

The Board denied service connection for lumbosacral spondylosis and degenerative disc disease, but granted service connection for left shoulder arthritis (claimed as bilateral shoulder tendonitis) and right shoulder arthritis. The decision is based on direct service connection.

The Veteran's loss of sense of smell, taste, and sleep apnea are proximately due to his service-connected allergic rhinitis. The Board has granted these claims on a secondary basis.

The Veteran's service-connected disabilities, including coronary artery disease, insomnia disorder, right knee arthritis, lumbosacral strain, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has decided to remand the Veteran's claim for service connection for OSA due to insufficient evidence regarding whether his current diagnosis is related to his military service. The AOJ must schedule a VA examination and obtain an opinion on this matter.

The Board has decided to remand the Veteran's claim for sleep apnea as it was not adequately addressed in the initial decision, including a duty to assist error and failure to obtain an opinion regarding secondary service connection.

The Board has determined that the Veteran's sleep apnea was not incurred during his military service and denied his claim for service connection.

The Board denied the Veteran's claims for increased ratings and service connection for various disabilities, including back pain, ankle joint pain, knee conditions, and wrist sprain. The evidence did not support granting higher ratings or establishing service connection.

The Board has decided to remand the Veteran's claims for lumbosacral strain and left knee condition due to inadequate examinations in determining service connection. The Veteran is entitled to additional VA examinations to determine if his current conditions are related to his military service, including injuries sustained during active duty.

The Board denied the Veteran's claim for service connection of a lumbar spine disorder, finding that there is no evidence to support a link between his current condition and his military service.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including VA treatment records, private treatment records, and opinions regarding toxic exposure risk activities (TERA).

The Board has granted the Veteran's petition to reopen his claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not related to his service-connected depressive disorder and left ankle lateral collateral ligament sprain with laxity and instability. The decision also grants service connection for this condition.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment or for adaptive equipment only, as they do not involve physical loss or permanent loss of use of hands or feet.