Sleep apnea decisions — 2024

The Board has determined that the Veteran's obstructive sleep apnea is related to service, granting his claim for service connection.

The Board has determined that the VA examination did not address the questions asked by the Board and does not provide sufficient information to decide the claim for service connection. Therefore, a new VA opinion is needed.

The Veteran's appeals for increased ratings and service connection were dismissed. The Board found that the Veteran withdrew his appeal of the issues related to traumatic arthritis of the right knee and post-operative ligament injury of the right knee at a hearing before the undersigned Veterans Law Judge. New and material evidence was received to reopen claims of bilateral hearing loss, tinnitus, and left knee disability.

The Board has remanded the case due to errors in previous decisions and the need for further development, including obtaining medical opinions on the etiology of the Veteran's respiratory disabilities.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset in service and is not otherwise etiologically related to service. The Board also found no evidence of a secondary relationship between the service-connected left shoulder disability and the current sleep apnea.

The Veteran's claim for a higher rating for his low back disability was denied, and the issue of service connection for heart disease was remanded.

The Board has found that there has not been substantial compliance with the previous remand directives and another remand of these issues is required. The Veteran contends his OSA had its onset during service, but the VA examiner's opinion does not address this contention or provide an adequate rationale for the negative conclusions.

The Veteran withdrew his claims for sleep apnea, bilateral hearing loss, tinnitus, and colon cancer. The Board dismissed the appeal as a result of the withdrawal.

The Board has decided to remand the Veteran's claims for service connection for a left wrist disability and OSA due to outstanding VA treatment records, incomplete service treatment and personnel records, and need for medical examinations.

The Board has found that the VA did not substantially comply with its prior remand orders regarding scheduling of medical examinations for the Veteran's service connection claims. The appeals are therefore being returned to the AOJ for further development.

The Board found that the Veteran's lumbosacral strain, degenerative arthritis, and degenerative disc disease did not warrant a rating in excess of 10 percent.

The Board has decided to remand the case for further development and clarification of the medical opinions regarding the Veteran's obstructive sleep apnea, including whether it is linked to service exposure to burn pits.

The Board has determined that the Veteran's OSA may be related to his military service, but further medical opinion is needed to determine if it is caused or aggravated by his service-connected disabilities.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's weight gain due to his service-connected bilateral knee disabilities and migraine headaches caused or aggravated his sleep apnea.

The Veteran's service-connected disabilities, including PTSD, obstructive sleep apnea, and left upper extremity peripheral neuropathy, have prevented him from securing or maintaining substantially gainful employment since January 1, 2014.,Prior to February 10, 2016, the Veteran was not in receipt of a combined disability rating that met the criteria for SMC based on housebound status.

The Board has granted service connection for low back disability and left shoulder disability, finding that the Veteran's current conditions are related to his in-service accident.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected cervical spine degenerative disc disease and spinal stenosis.

Service connection for chronic rhinitis is granted, and a higher initial disability rating of 70 percent for PTSD from December 17, 2019, is also granted. Service connection for OSA and skin disorder are dismissed.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to the failure to provide a VA examination and TERA opinion as required by the PACT Act.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during his military service and are related to his in-service exposure to burning batteries.