Sleep apnea decisions — 2024

Your appeal for service connection for sleep apnea, including as secondary to myasthenia gravis, has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate this matter.

The Veteran's service-connected disabilities, including obstructive sleep apnea, bilateral pes planus, and degenerative arthritis of the right ankle, prevented him from securing or following substantially gainful employment from December 15, 2011 to January 17, 2017. The Board granted TDIU on an extraschedular basis for this period.

The Board has decided to remand the case due to errors in obtaining medical records and for an additional VA examination.

The Veteran's tinnitus, OSA as secondary to service-connected pulmonary asbestosis, and migraine headaches have been granted. The Veteran has also received a 100 percent disability rating for PTSD.,Service connection for bilateral hearing loss, right knee disability, left knee disability, rib injury, and right shoulder disability is remanded.

The Board has remanded the case due to a pre-decisional duty to assist error, specifically regarding the relationship between the Veteran's OSA and his service-connected PTSD. The examiner is requested to provide an addendum opinion addressing whether OSA had its onset in or is related to military service, and if it is caused or aggravated by PTSD.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to her service-connected post traumatic stress disorder (PTSD). The VA examiner found that OSA is not related to PTSD.

The Board has found a pre-decisional duty to assist error and remands the case for further development, including scheduling a VA examination to address the etiology of the Veteran's sleep apnea and whether it is related to service-connected PTSD.

The Veteran's sleep apnea, lung disability, back disorder, right knee instability, and right knee limitation of flexion are all granted. The lung disability is rated at 10%.

The Veteran's current sleep apnea is due to his service-connected sarcoidosis and residuals of bladder cancer, and the Board has granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea is granted as it was caused by his service-connected PTSD, back disability with lower extremity radiculopathy and skin condition. The Veteran's claims for increased rating for PTSD, TDIU, and DEA benefits are dismissed as moot due to the maximum schedular ratings being assigned.

The Board has found that the VA Regional Office did not obtain relevant Social Security Administration (SSA) records, which may be pertinent to the Veteran's claims. The appeal is being remanded to obtain these SSA records.

The Board has remanded the Veteran's claims for right knee disability, left knee disability, lumbosacral disability, gastroesophageal reflux disease (GERD), and asthma due to unclear medical opinions regarding their etiology and potential aggravation by service. The claims are being returned for further development.

The Veteran's service-connected disabilities are considered, and a new examination is required to determine if he requires aid and attendance or is housebound due to his conditions.

The Board has determined that the March 2020 VA examination did not provide a fully informed decision on the issue of service connection for obstructive sleep apnea (OSA), and thus, remands the case for an adequate VA medical opinion.

The Board has remanded the case due to a lack of consideration of the Veteran's exposure to burn pits during service, which is required by the PACT Act. The claim will be reconsidered with an updated examination and opinion.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the etiology of the Veteran's sleep apnea and its relationship to his service-connected PTSD.

The Board has decided the appeal and has ordered additional development due to insufficient medical opinions regarding the Veteran's obstructive sleep apnea.

The Veteran's appeals have been withdrawn and are dismissed. The Board did not make a determination on the merits of any claims.

The Board has directed the AOJ to schedule a VA examination for the Veteran's sleep apnea and to obtain updated treatment records. The Veteran is also advised that it is his responsibility to cooperate in the development of his case.

The Board has remanded the Veteran's claims for a higher rating for her lumbosacral strain, degenerative arthritis, and degenerative disc disease from May 18, 2022, and service connection for a psychiatric disability arising from her claim for a higher initial rating for her service-connected low back disorder.