Sleep apnea decisions — 2024

The Board has decided to remand the case due to new evidence submitted by the Veteran, which raises a theory of entitlement that was not previously addressed. The Veteran now contends that his service-connected major depressive disorder caused obesity and this in turn caused his obstructive sleep apnea.

The Veteran's service-connected disabilities, including restrictive lung disease, lumbosacral strain with degenerative arthritis, left wrist strain with degenerative arthritis, hypertension, gastroesophageal reflux disease (GERD), and residual of right ear otitis media, have rendered him unable to secure and follow a substantially gainful occupation.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected lumbar and cervical spine conditions, as well as post-traumatic stress disorder.

The Board has granted service connection for OSA, including as secondary to PTSD, finding that the Veteran's service-connected PTSD is a 'but-for' cause of his current OSA.

The Veteran's service connection claims for hypercholesterolemia and sleep apnea are being remanded due to the need for additional medical examination.

The Veteran's claims for erectile dysfunction, obstructive sleep apnea, tinnitus, and a right ankle condition were denied as there is no persuasive evidence of their onset during service or being related to service.,Service connection was not granted for diabetes, restless legs syndrome, left knee condition, and left hip condition due to lack of persuasive evidence linking these conditions to service.

The Veteran's service-connected GERD was granted a rating of 30 percent effective July 7, 2021. Service connection for obstructive sleep apnea as secondary to PTSD was also granted.

The Veteran was awarded service connection for sleep apnea with a rating of 50% effective July 18, 2022.

The Veteran's claims for service connection for high blood pressure and an increased rating for sleep apnea have been dismissed due to the failure to timely file a Notice of Disagreement (NOD) within one year of receiving the decision.

The Board has remanded the Veteran's claims for increased disability ratings for her service-connected cervical and lumbar spine disabilities due to inadequate VA examinations. The AOJ should consider separate ratings for any associated neurological conditions.

The reduction of the disability rating for spinal stenosis with disc protrusion, degenerative arthritis, and lumbosacral strain from 20 percent to 10 percent was improper as there is no sustained improvement in the Veteran's condition that would be reasonably maintained under ordinary conditions.

The Veteran's TDIU and DEA benefits are granted effective July 31, 2019.,The Veteran last worked on July 30, 2019, and became entitled to TDIU as of the next day.

The Board has remanded both claims of service connection for sleep apnea and migraines due to the need for new medical opinions.

The Veteran's request for an extension of time to file a VA Form 10182 seeking to appeal the April 2021 rating decision was granted. The May 23, 2023 form is deemed timely.

The Board has decided to remand the claim of service connection for obstructive sleep apnea due to a duty to assist error in obtaining relevant Federal service department records, including those destroyed in Korea and lost during the Gulf War. The Veteran's claims will be reconsidered with these records.

The Board has determined that the Veteran's OSA is a separate condition from his service-connected disabilities and requires further examination to determine its etiology. The relationship between his obesity, which may be related to his service-connected conditions, also needs clarification.

The Veteran's claim for service connection for obstructive sleep apnea, claimed as secondary to his service-connected disabilities, is remanded due to the need for additional medical opinions regarding the nature and etiology of his OSA.

The Veteran's claim for service connection of a back injury was dismissed due to failure to follow the relevant claims processing rules.,Service connection for tinnitus was granted, with the Board finding that the Veteran's symptoms began during his military service.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is related to his military service or had its onset in service, despite reported symptoms and a lack of diagnosis.

The Board has decided to remand the case due to the need for additional development, including obtaining an addendum medical opinion regarding the etiology of the Veteran's OSA. The matter is now pending further review.