Sleep apnea decisions — 2024

The Board has dismissed the appeal for service connection of anxiety due to lack of case or controversy. The claim for sleep apnea is denied, and the claim for migraines is remanded for further review.

The Veteran's PTSD is rated at 50 percent, and his low back disability is rated at 40 percent. The other conditions are not granted initial ratings.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his active duty service, particularly given potential exposure to burn pits. The VA examiner found that OSA was less likely than not caused by TERA activities and did not consider the lay and buddy statements about symptoms in service.

The Board has determined that the Veteran's low back disability, including IVDS, status post lumbar laminectomy and lumbosacral arthrodesis, had its onset during service and is related to service. The same applies to her left and right lower extremity radiculopathy as secondary to a low back disability. Service connection for adjustment disorder with mixed anxiety and depressed mood has also been granted.

The Board has determined that the Veteran's current sleep apnea is at least as likely as not related to his active military service, granting service connection for this condition.

The Veteran's appeal for service connection for Obstructive Sleep Apnea (OSA) was dismissed because the notice of disagreement selected the same issue and underlying decision as a previous notice of disagreement, which already had jurisdiction over this claim.

The Veteran's left knee and right shoulder disabilities are granted service connection, while his sleep apnea is denied. The Veteran's right ear hearing loss disability is granted with an effective date of August 16, 2020.

The Board has remanded the case due to a failure to obtain an aggravation opinion regarding whether the Veteran's sleep apnea is aggravated by his PTSD. The VA examiner will also be requested to provide opinions on the etiology of the Veteran's sleep apnea, including its relation to service and toxic exposure risk activities.

The Veteran's OSA is granted as secondary to his service-connected musculoskeletal conditions with obesity as an intermediate step.

The Board has decided to remand the case due to an inadequate medical opinion regarding the nature and etiology of the Veteran's lumbosacral strain. The Veteran is seeking service connection for this condition.

The Board has remanded the case due to inadequate examination and opinion regarding service connection for obstructive sleep apnea as secondary to PTSD. The Veteran's obesity is also being evaluated.

The Board has determined that the November 2020 VA medical examination is inadequate and remands the case for a new examination to address whether the Veteran's service-connected PTSD caused or aggravated his OSA.

The Veteran's anxiety disorder is rated at 50 percent, but the Board has remanded for further development on service connection claims and an initial rating for bronchial asthma. The effective dates for TDIU, special monthly compensation, and DEA benefits are also being considered.

The Board has decided to remand the claim of service connection for obstructive sleep apnea, which is related to and/or aggravated by the Veteran's service-connected PTSD. The VA will need to obtain an addendum medical opinion to address whether the sleep apnea is proximately due to or aggravated beyond its normal progression by the service-connected PTSD.

The Veteran's prostate cancer is granted as presumptive under the PACT Act, and his erectile dysfunction is granted as secondary to his service-connected prostate cancer.,Major depressive disorder is also granted.

The Board has decided to remand the case due to a potential service connection for obstructive sleep apnea, given the Veteran's participation in a toxic exposure risk activity (TERA) during his military service. The decision also mentions that VA is required to provide a disability examination and medical nexus opinion under the PACT Act.

The Veteran's obstructive sleep apnea was found to have started during his active duty service and is granted as direct service connection.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence showing a link between his current condition and his military service.

The Board has decided to remand the case due to a duty-to-assist error, requiring additional development and consideration of the Veteran's claim for service connection for sleep apnea secondary to tinnitus.

The Veteran's service-connected tinnitus is found to be the proximate cause of his claimed migraines, allowing for service connection.,The Veteran's anxiety disorder associated with his service-connected tinnitus is found to be the proximate cause of his OSA, allowing for service connection.