Sleep apnea decisions — 2024

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected anxiety disorder and if it was aggravated by that condition.

The Board has decided that the Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected PTSD, is remanded due to inadequate examination in addressing causation and aggravation.

The Veteran's service-connected major depressive disorder with anxious distress and alcohol use disorder is found to be the proximate cause of her obstructive sleep apnea, which was granted as secondary to this condition.

The Board has determined that the Veteran's sleep apnea did not originate in service and is not otherwise etiologically related to service or to a service-connected disability, including as secondary to his service-connected coronary artery disease, atrial fibrillation, and adjustment disorder.

The Veteran's claims for service connection for IBS, TMJ dysfunction (jaw pain), tinnitus, an acquired psychiatric disorder, GERD, diverticulosis, erectile dysfunction, and obstructive sleep apnea have been granted.,The Board has found that the Veteran had qualifying service in Southwest Asia during the Persian Gulf War era and has current diagnoses of IBS, TMJ dysfunction (jaw pain), tinnitus, an acquired psychiatric disorder, GERD, diverticulosis, erectile dysfunction, and obstructive sleep apnea. The claims are granted on a presumptive basis under 38 C.F.R. § 3.317.

The Veteran's service-connected disabilities resulted in the need for aid and attendance as he required care or assistance on a regular basis to feed himself, keep himself clean and presentable, and protect him from hazards or dangers inherent in his daily environment. The Board granted special monthly compensation based on aid and attendance.

The Veteran's appeals for higher ratings on various service-connected conditions have been denied. The Board found that the evidence did not meet the criteria for a higher rating in any of these cases.

The Veteran's claim for service connection for lumbosacral strain, degenerative arthritis of the spine, wedge fracture T11-T12, degenerative disc disease, and intervertebral disc syndrome was denied in October 2020. The Veteran filed a supplemental claim on November 29, 2021, which resulted in service connection being granted effective that date.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including degenerative arthritis of the spine, sciatic radiculopathy of the bilateral lower extremity, bilateral anterior cruciate ligament (ACL) tear with patellofemoral syndrome and shin splints, limitation of extension, and resulting obesity.

The Board has determined that the current medical opinions are inadequate and requires a new opinion to address the etiology of the Veteran's sleep apnea, specifically whether it is at least as likely as not caused or aggravated by his service-connected PTSD. The examiner must also consider obesity as an intermediate step in this analysis.

The Board denied the Veteran's request for an earlier effective date of November 13, 2020, for his grant of TDIU. The Board found that the proper effective date was August 20, 2021, based on the date of receipt of the claim.

The Board has decided to remand the case due to errors in obtaining necessary records and providing a VA examination for service connection of obstructive sleep apnea.

The Board denied service connection for sleep apnea, back strain, allergies, and an acquired psychiatric disorder (including anxiety, depression, OCD, ADHD, memory loss, and PTSD) as there was no evidence of a chronic condition during active duty or that any current conditions were related to service.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is as likely as not related to his military service.

The Board has determined that it is at least as likely as not that the Veteran's current Obstructive Sleep Apnea (OSA) began during his active-duty service and granted service connection for OSA.

The Board denied service connection for OSA and the restoration of a 20% disability rating for right knee disability. The Veteran's PTSD, back disability, and left lower extremity radiculopathy were all denied increased ratings.

The Veteran's appeal for service connection of obstructive sleep apnea has been dismissed due to the Veteran's death.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a current disability in service or within one year after separation. The Board also found that the Veteran's current condition was not related to his military service, including exposure to environmental hazards.

The Veteran's sleep apnea, bilateral shin splints, right knee disability, left knee disability, and right ankle disability are all granted as service-connected.,There is no specific rating assigned or effective date provided in the decision.

The Board has decided to remand the case due to a need for additional medical opinion regarding the relationship between the Veteran's sleep apnea and his presumed exposure to burn pit toxins during service. The claim will be reconsidered after obtaining this information.