Sleep apnea decisions — 2024

The Veteran's claim for service connection for obstructive sleep apnea is granted, with the condition being directly incurred during active duty service.

The Board has determined that the claims for service connection for COPD, a heart condition, sleep apnea, and an acquired psychiatric disorder must be remanded due to inadequate VA examinations and medical opinions. The Veteran's toxic exposure risk activity is presumed under the PACT Act.

The Board has remanded the Veteran's claims for sleep apnea, lordotic thoracolumbar spine with osteoarthritis and scoliosis, and sinusitis to allow for a new VA examination. The examiner will be asked to determine if these conditions are at least as likely as not related to service or due to a service-connected disability.

The appeal of service connection for diabetes mellitus is dismissed. The appeals of service connection for a left knee disability and OSA are remanded.

The Board has granted service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the Veteran's condition had its onset in service. As a result, the claim is granted.

The Board has denied the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected disabilities, finding that there is no medical evidence supporting a causal relationship between his service-connected conditions and his OSA.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, OSA, and TDIU due to duty-to-assist errors. The AOJ must obtain all relevant VA and non-VA medical records, including those from Durham VA Medical Center and Southeast Texas Physicians Group. Additionally, a new opinion is needed regarding the Veteran's acquired psychiatric disorder.

The appeal for service connection for sleep apnea is dismissed. The Veteran's maxillary and ethmoid sinusitis are granted a 30% rating, but allergic rhinitis remains denied.

The Board denied a rating in excess of 10 percent for the Veteran's service-connected lumbosacral strain, finding that the evidence did not support such an increase.

The Board has determined that the October 2020 negative VA etiology opinion is inadequate and remands the case for a new opinion to determine if the Veteran's obstructive sleep apnea was caused by or underwent any incremental increase in disability due to a service-connected condition.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as it had its onset during his military service.

The Veteran's claims for service connection for sleep apnea and a skin disability of the bilateral forearms and head are remanded due to pre-decisional duty-to-assist errors. A VA examination is required to address the nature and etiology of these conditions, including whether they are related to active service or secondary to service-connected disabilities.

The Board denied service connection for lumbosacral disorder and degenerative arthritis of the cervical spine, finding no current disability and insufficient evidence to link these conditions to service.

The Board has determined that the evidence is insufficient to establish service connection for OSA, and therefore remands the case for further development.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected rhinitis and grants service connection for this condition.

The Board has decided to remand the case due to a duty to assist error and requires an addendum opinion regarding whether the Veteran's obstructive sleep apnea is related to his service-connected dysthymia.

The Veteran's appeal was dismissed due to his death, and the Board has no legal authority to adjudicate the merits of the claims at this time.

The Board has granted service connection for a lower back condition and bilateral lower extremity lumbar radiculopathy, both found to be secondary to the Veteran's service-connected knee and foot conditions.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's obesity, caused by his service-connected gout disability, is a substantial factor in causing his sleep apnea. The decision also acknowledges that there was no direct evidence of service connection for gout.

The Board has granted an effective date of May 11, 2010 for the award of a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities.