Sleep apnea decisions — 2024

The Board has determined that there are errors in the decision and remands the case for a new VA examination to address the Veteran's claims of service connection for his thoracolumbar spine disorder.

The Board has decided to remand the case due to outstanding VA treatment records and a need for a VA examination regarding the Veteran's obstructive sleep apnea. The examiner will assess whether the condition began during service, within one year of discharge, or is otherwise related to military service, including any toxic exposures as a result of service aboard USS Forrestal.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical examinations.

The Board has decided to remand the case due to a duty-to-assist error and requires additional medical opinions regarding the relationship between the Veteran's OSA, PTSD, and DM II.

The Veteran's claim for an earlier effective date for bilateral hearing loss was denied as there were no prior claims received before October 3, 2023.,An initial compensable rating for bilateral hearing loss was also denied due to the current level of impairment not meeting the criteria for a higher rating.

The Board has decided to remand the Veteran's claim for service connection for chronic sleep apnea due to a pre-decisional error in failing to obtain a medical opinion that is sufficient to make an informed decision on the claim. The claim will be reconsidered with the provision of a medical opinion concerning the etiology of the Veteran's sleep apnea and whether it is related to toxic exposures in service.

The Board has decided that the Veteran did not have a pending claim for accrued benefits at the time of his death, and has remanded the issue of service connection for the cause of death.

The Board has decided to remand the case due to a duty-to-assist error, and will need to obtain a medical opinion regarding whether the Veteran's current obstructive sleep apnea is related to his service-connected disabilities.

The Veteran withdrew his appeals for service connection of an acquired psychiatric disorder (claimed as PTSD), sleep apnea, carpal tunnel syndrome of the right upper extremity, and carpal tunnel syndrome of the left upper extremity. The appeal is dismissed.

The Board has dismissed all the claims related to various conditions, including trochanteris pain syndrome, major depressive disorder and generalized anxiety disorder, asthmatic bronchitis, bilateral plantar fasciitis, gastroesophageal reflux disease (GERD), sleep apnea, migraines, and a bulging disc. The Veteran withdrew her appeal through her authorized representative.

The Veteran's sleep apnea was found to have begun during service and has continued since, meeting the criteria for service connection.

The Board has remanded the claims for diabetes mellitus, arthritis both hands, GERD, erectile dysfunction, gout, liver disability to include steatohepatitis (NASH), obstructive sleep apnea (OSA), and hypertension due to a lack of response from VA medical records.

The Board has decided to remand the claim of service connection for sleep apnea due to new and relevant evidence being received, including a VA examination and opinion. Additional development is needed, such as obtaining an addendum opinion from the November 2020 VA examiner regarding the etiology and pathophysiology of the Veteran's obstructive sleep apnea, and addressing whether it is at least as likely as not related to toxic exposure risk activities.

The Board has determined that a remand is necessary to obtain an opinion regarding the nature and etiology of the Veteran's sleep apnea, including whether it was incurred during service or caused by his service-connected conditions.

The Veteran's claims for a rating in excess of 10 percent for hypertension and service connection for sleep apnea have been dismissed as the Veteran did not appeal these issues under the Appeals Modernization Act (AMA). The claim for service connection for sleep apnea is also dismissed because it has already been granted at the maximum compensable level.

The Board has remanded the Veteran's claims for service connection for irritable bowel syndrome and sleep apnea syndrome due to incomplete opinions in the VA examinations. The Veteran is seeking service connection for these conditions as secondary to his service-connected generalized anxiety disorder.

The Veteran's obstructive sleep apnea is granted as service connected, with the onset during his military service and continuing to present.

The Veteran's claim for TDIU is denied as it was not factually ascertainable that he was unemployable in the year prior to September 8, 2020.

The Veteran's TDIU claim has been dismissed because his combined rating is now at 100% due to service-connected disabilities, making the TDIU claim moot.

The Board has decided to remand the case due to insufficient medical opinion regarding whether obstructive sleep apnea is aggravated by service-connected PTSD.