Sleep apnea decisions — 2024

The Board has decided to remand the case due to a lack of an adequate opinion regarding the relationship between the Veteran's sleep apnea and service. The AOJ is instructed to seek a new opinion addressing whether the Veteran's sleep apnea had its initial onset during his active-duty service or is otherwise related to service, including considering his exposure in Bahrain under the PACT Act.

The Board has determined that the Veteran's claim for service connection for insomnia, including as secondary to his service-connected tinnitus, requires additional development and evidence. The decision is remanded to allow for further examination and consideration of the claims.

The Veteran's appeal for an increased rating for obstructive sleep apnea has been denied. The Board found that the current 50 percent rating adequately reflects his symptoms.,The Veteran's claim for TDIU is remanded due to outstanding SSA records potentially relevant to his employment status.

The Veteran's sleep apnea and headache disability are granted as secondary to his service-connected major depressive disorder.

The Veteran's claim for service connection for Raynaud's syndrome was denied, and the initial disability rating of 30 percent for bilateral dry eye syndrome with left eye chorioretinal scar(s) status post retinal detachment (also claimed as ocular rosacea) is granted. The separate compensable disability rating for bilateral dry eye syndrome is remanded.

The Veteran's tinnitus and obstructive sleep apnea are granted as service-connected. The Board found that the Veteran's symptoms began during service and have continued since, granting service connection for both conditions.

The Veteran's service-connected PTSD aggravated his obesity, which is an 'intermediate step' between his service-connected PTSD and his currently diagnosed sleep apnea. The Board has granted entitlement to service connection for sleep apnea as secondary to the service-connected PTSD.

The Board has determined that new and relevant evidence has been received, warranting readjudication of the claim for service connection for obstructive sleep apnea (OSA) as secondary to PTSD, MDD, and alcohol abuse disorder.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current condition is related to his in-service exposure to burn pits and jet fuel during his deployment.

The Veteran's service-connected COPD was granted effective September 17, 2020, which also established his need for aid and attendance due to his service-connected disabilities.

The Board has decided to remand the case due to a need for a VA examination to determine if the Veteran's sleep apnea is related to service and, if so, whether it is secondary to his service-connected asthma.

The Board has decided that the Veteran's obstructive sleep apnea (OSA) is secondary to his service-connected sinusitis and remanded for further examination and opinion.

The Board has granted service connection for GERD, chronic headaches, and OSA. The Veteran's GERD is found to be related to his active duty service, while his chronic headaches are also linked to his military service. However, the claim for OSA remains pending as there is insufficient evidence linking it to his active service.

Service connection for PTSD and OSA has been denied due to lack of credible supporting evidence corroborating the Veteran's reported stressors.,The Veteran's current diagnoses of PTSD and OSA have not been linked to his military service.

The Board has remanded the case due to a duty-to-assist error that occurred prior to the November 2020 rating decision. The issue of service connection for a lumbosacral spine disorder is now pending and will be addressed with a new VA medical opinion.

The Board has remanded the claim of service connection for sleep apnea due to burn pit exposure during active duty in Iraq. The Veteran's military records indicate he served in Southwest Asia, which is presumed to include exposure to toxic substances like burn pits. The March 2019 VA examination found no direct link between the Veteran's sleep apnea and his service, but noted a high risk for developing obstructive sleep apnea due to obesity caused by his bilateral knee disabilities. The Board finds this opinion inadequate and requires another VA examination to address all pertinent questions related to the Veteran's theory of entitlement.

The Board denied service connection for obstructive sleep apnea, but granted it for atrial fibrillation. The proposed severance of service connection for hypertensive heart disease with congestive heart failure was dismissed.,Service connection for atrial fibrillation is granted based on its being proximately due to a service-connected disability (hypertension). Service connection for obstructive sleep apnea is denied.

The Board denied a TDIU for the period between January 9, 2020, and February 17, 2023, finding that the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,The Board also denied an earlier effective date for DEA benefits eligibility prior to February 17, 2023, as there was no evidence of a total and permanent service-connected disability before this date.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his military service, and thus grants service connection for this condition.

The Board has determined that the VA medical opinions provided are inadequate and remanded for further clarification regarding the appellant's asthma and OSA claims, including their relationship to asbestos exposure.