Sleep apnea decisions — 2024

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 decided to remand the case due to a lack of medical opinion regarding the relationship between the Veteran's service-connected disabilities and his sleep apnea (OSA) caused by obesity. The case will be returned for further examination and opinion.

The Veteran's appeal for service connection for sleep apnea has been dismissed because the Veteran requested withdrawal of his appeal.

The Board has determined that the Veteran's appeal for service connection on all issues is remanded due to a lack of adequate medical examination in the April 2022 VA examination. The examiner did not address whether the conditions of service are related to his current disabilities.

The Board has granted service connection for cervical strain, lumbosacral strain, and right shoulder strain with sternal clavicular malunion. Service connection for right knee strain is denied.

The Board has determined that there was a duty to assist error in the initial denial of service connection for obstructive sleep apnea and is remanding the case to consider whether the Veteran's major depressive disorder may have aggravated his sleep apnea.

The Board has remanded the case due to the need for clarification from a VA examiner regarding the nature and cause of the Veteran's current back disabilities, specifically whether they are related to his preexisting condition or if there is clear and unmistakable evidence that it did not worsen during service.

The Veteran's TDIU claim for his service-connected back disability before December 29, 2000 is granted on an extraschedular basis.

The Board has decided to remand the case due to insufficient development and need for additional medical opinions regarding the Veteran's sleep apnea.

The Board has denied the Veteran's claim for service connection for a sleep disorder, finding that his OSA is not causally or etiologically related to an in-service injury, event, or disease and was not caused or aggravated by a service-connected disability.

The Board has remanded the claim of service connection for OSA, as it is unclear whether the condition was caused or aggravated by a service-connected disability.

The Veteran's hypertension and sleep apnea are being remanded for further evaluation due to inadequate VA medical opinions. The claims will be reconsidered with the addition of new opinions addressing whether these conditions are proximately due or aggravated by his service-connected hearing loss and tinnitus.

The Board has granted service connection for chronic sleep disorder to include sleep apnea, finding that the Veteran's PTSD and depression caused his sleep apnea.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected PTSD, finding that the evidence supports a medical nexus between the two conditions.

The Veteran's service connection claim for lumbosacral strain (claimed as lower back pain) is granted because there is evidence of a current disability, in-service aggravation, and a causal relationship between the two.

The Board has determined that the Veteran currently has sleep apnea and that the evidence is approximately evenly balanced as to whether this disability began during active service. The Board finds it is at least as likely as not that the OSA onset during a period of active duty, thus granting the claim on a direct theory.

The Veteran is granted SMC under 38 U.S.C. § 1114(o) and (r)(1) as of September 28, 2021 due to service-connected disabilities resulting in need for regular aid and attendance.

The Board has remanded the case due to a failure to provide notice of the appellant's right to a pre-decisional hearing before the RO issued the October 2022 rating decision on appeal. The claim for service connection for sleep apnea, which is secondary to PTSD, will be reconsidered.

The Board dismissed the appeal for service connection claims related to cardiomyopathy, sleep apnea, and ventricular tachycardia due to the Veteran's withdrawal of the appeal.