Sleep apnea decisions — 2024

The Veteran's claim for service connection for obstructive sleep apnea was denied in December 2016. The Veteran filed a supplemental claim on July 12, 2019, which resulted in the grant of service connection with an effective date of that same day.

The Veteran's service connection claims for a respiratory disability and OSA have been denied due to lack of current diagnosis. The low back disability claim is remanded as there was an error in the duty to assist.,Service connection for a low back disability is being remanded due to a duty to assist error.

The Board has determined that the appellant submitted new and relevant evidence in support of his claim for service connection for obstructive sleep apnea. The VA examination only addressed the theory of secondary service connection, but did not adequately address it. A remand is required to obtain a medical opinion on the nature and etiology of the appellant's OSA, as well as whether there is a nexus between the appellant's OSA and his participation in toxic exposure risk activities.

The Veteran's OSA requires the use of a CPAP machine, warranting an initial 50 percent rating.

Your claim for service connection for obstructive sleep apnea has been granted on a direct basis, and the appeal is dismissed as moot.

The Board dismissed the appeal as moot because the Veteran's service connection for PTSD was already granted. The secondary service connection claim for OSA is granted.

The Veteran's PTSD is granted at a rating of 70 percent, and his OSA is granted as secondary to PTSD. Other service connection claims are remanded.

The Veteran's claims for service connection for sleep apnea and a right shoulder condition are being remanded due to pre-decisional duty to assist errors. The AOJ is instructed to obtain the missing medical records and schedule the Veteran for a VA examination.

The Veteran's obstructive sleep apnea is found to be at least as likely as not related to his active duty service, and the Board grants entitlement to service connection for this condition.

The Board has determined that the March 2019 VA examination is inadequate for rating purposes and remands the case for addendum opinions to address whether sleep apnea would be less severe but for the Veteran's service-connected psychiatric disability.

The Board has remanded the claims for an initial rating higher than 10 percent for lumbosacral strain and TDIU due to issues with scheduling of VA examinations.

The Board has found that the VA examinations for the Veteran's cervical spine, thoracolumbar spine, and right upper extremity radiculopathy disabilities are inadequate due to a lack of range-of-motion testing during flares. The claims are being remanded for new VA examinations to address these issues.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, an acquired psychiatric disorder, and traumatic brain injury. The evidence does not support a finding that these conditions are related to service or any in-service exposure.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's in-service asbestos exposure. The claim was decided on a direct basis as there were no other theories of service connection presented.

The claims for service connection for bilateral hearing loss, back spasm, idiopathic urticaria (skin hives), PTSD, and right lower extremity joint issues have been reopened.,Service connection is granted for a lumbar spine disability and left knee disability.

The appeal for a rating in excess of 10 percent for lumbar spinal stenosis with lumbosacral degenerative disc disease is dismissed. Service connection for gastroesophageal reflux disease (GERD) is granted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not manifest during or as a result of his active duty and is more likely related to obesity than to diabetes mellitus.

The Board has remanded the case due to ambiguity in the November 2022 VA examination report regarding whether the Veteran's obstructive sleep apnea (OSA) is aggravated by his service-connected disabilities. The examiner needs to provide a clear opinion on this issue and also determine if OSA remains once the underlying cause of obesity has been remedied.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and inadequate examination reports.

The Board has remanded the case due to inadequate examination regarding obesity as an intermediate step between PTSD and OSA, and whether it is a substantial factor in causing or aggravating OSA.