Sleep apnea decisions — 2024

The Veteran's claims for service connection for obstructive sleep apnea, a thoracolumbar spine disorder, and a right knee disorder have been readjudicated. The Board finds new and relevant evidence has been received sufficient to reopen these claims.,Service connection is granted for obstructive sleep apnea as secondary to the Veteran's service-connected left knee disorders.

The Board has decided to remand the case due to a lack of an adequate VA medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD and MDD. The claim will be addressed on the merits.

The Board has identified a pre-decisional duty to assist error requiring remand due to the need for an addendum opinion regarding whether the Veteran's obstructive sleep apnea is related to his active service, including considering his contentions about peripheral neuropathy and pre-diabetic status in 2003.

The Board has granted service connection for a psychiatric disability, but remanded the issue of service connection for sleep apnea due to an error in obtaining a medical opinion.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the condition had its onset in service. The reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran.

The Board has granted the Veteran's claims for service connection for irritable bowel syndrome and obstructive sleep apnea, both secondary to his service-connected PTSD. The decision affords the Veteran the benefit of doubt in favor of these conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions. The initial rating for PFB remains denied.

The Board has determined that the June 2020 VA examiner's opinion regarding the cause of the Veteran's Chronic Fatigue Syndrome (CFS) is not probative and requires further clarification. The Board also finds Dr. B V's opinion on whether CFS was aggravated by his service-connected conditions to be inadequate.

The Veteran's claims for an effective date prior to April 7, 2016, for the assignment of a 10 percent rating for gastrointestinal problems and entitlement to a compensable rating for headaches associated with sleep apnea have been dismissed.

The Board dismissed the appeal for service connection for obstructive sleep apnea as a full grant of benefits was made in February 2024.,The right arm condition claim is remanded due to potential TERA exposure.

The Board has determined that the claim for service connection for sleep apnea must be remanded to verify the dates of active duty, ADT, and IDT during which the Veteran served in the National Guard.

The Board has granted service connection for lumbosacral strain and IVDS, as well as secondary service connection for right and left lower extremity radiculopathy. The Veteran's current conditions are related to his military service.

The Veteran's service connection claims for OSA, insomnia/anxiety disorder, and TDIU have been granted.,Service connection has also been remanded for the issue of kidney disorder.

The Board has remanded the claims for low back disability, radiculopathy of lower extremities, neck disability and associated radiculopathy, sleep apnea, and psychiatric disability due to incomplete information.

The Veteran's appeal for increased ratings and a TDIU prior to January 31, 2020 has been dismissed due to the Veteran's request for withdrawal of the appeal.

The Board has remanded the case for further development, including obtaining VA and private treatment records and scheduling a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service or aggravated by his seizures.

The Veteran's claim for PTSD was denied. The Board found the evidence did not meet the criteria for service connection.,For her back disability, the Veteran is seeking a higher rating but the evidence does not support an increase beyond 40 percent.

The Board has found that there has not been substantial compliance with the remand requests and thus, this claim must again be remanded. The Veteran asserts service connection for obstructive sleep apnea as a result of active service or secondary to service-connected asthma. The Board finds that an appropriate VA examination is needed to determine the etiology of any sleep apnea disability.

The Board has decided that additional development is needed for the Veteran's claim of service connection for sleep apnea, which was previously remanded multiple times. The case will be returned to the AOJ for further review and a medical opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's appeal for increased ratings on multiple service-connected disabilities has been dismissed due to withdrawal of claims by the Veteran and his attorney.