Sleep apnea decisions — 2024

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, specifically whether it is related to service or environmental exposure in Southwest Asia. The Veteran will be afforded a VA examination to determine this.

The Veteran was found unable to secure and follow a substantially gainful occupation due to his service-connected disabilities from November 9, 2015. The Board granted an effective date of November 9, 2015 for the TDIU award.

The Board has denied service connection for OSA and granted a 70 percent initial rating for unspecified depressive disorder with alcohol use disorder. The decision found that the Veteran did not have OSA at the time of the December 2019 rating decision, but her psychiatric disability caused deficiencies in most areas of her life.

The Veteran's service connection claim for obstructive sleep apnea is granted, and a 10 percent rating on and prior to April 15, 2020, for chronic sinusitis is also granted.

The Board has dismissed the appeals for service connection of PTSD, an acquired psychiatric disorder other than PTSD (including depression, anxiety, and adjustment disorder), and sleep apnea due to the Veteran's withdrawal of his appeal.

The Veteran's appeal has been dismissed as he withdrew his appeals for sleep apnea, a compensable rating for headaches, and a rating in excess of 70 percent for PTSD with alcohol abuse and TBI.

The Board has granted service connection for OSA and asthma with COPD prior to August 9, 2023. The issue of service connection for GERD is remanded.

The Board has determined that the Veteran's Obstructive Sleep Apnea is related to his service-connected asthma and grants service connection for this condition.

New and relevant evidence has been submitted for the claims of service connection for tinnitus, right carpal tunnel syndrome, left carpal tunnel syndrome, and obstructive sleep apnea. The Veteran's tinnitus is granted as due to in-service noise exposure.,The claims for service connection for right and left hand carpal tunnel syndrome are remanded due to a lack of a VA examination.

The Veteran's low back disability and associated radiculopathy have been consistently rated at 40 percent, which is the maximum rating available under the applicable criteria. The Board denied his request for a higher rating.

The Board has decided to remand the case due to an inadequate opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD. The VA must provide a new medical opinion addressing both causation and aggravation.

The Board has decided that the Veteran's TBI claim is granted, but has remanded his sleep apnea claim due to insufficient evidence.

The Board has granted service connection for segmental and somatic dysfunction of the lumbar region, cervicobrachial syndrome, and radiculopathy, lumbosacral region. The conditions are related to the Veteran's in-service aviation duties.

The Veteran's claim for service connection for sleep apnea is denied as the effective date cannot be earlier than March 22, 2018 due to a final Board decision from April 2016. The Veteran did not file an appeal of this decision within one year.

The Board has granted service connection for the Veteran's central sleep apnea as secondary to his service-connected disabilities, including low back strain with degenerative arthritis, radiculopathy, adjustment disorder with mixed emotional features/depression, and knee tendinosis.

The Veteran's claim for service connection for obstructive sleep apnea, claimed as secondary to his service-connected chronic fatigue syndrome (CFS), is being remanded due to a duty to assist error. The Board will seek an updated medical opinion regarding the relationship between the Veteran's CFS and his sleep apnea.

The Board has remanded the case due to inadequate medical opinions and a need for additional development, including obtaining service personnel records and completing a TERA Memorandum. The Veteran's OSA is being evaluated in relation to his service-connected disabilities.

The Board has remanded the claims for service connection for right and left knee disabilities, as well as obstructive sleep apnea (OSA). The Veteran's bilateral hearing loss is denied due to no evidence of a compensable rating.

The Veteran's service-connected disabilities (chronic idiopathic physical urticaria, allergic rhinitis, and chronic pansinusitis) have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's request for Higher-Level Review was denied because it was not received within one year of the AOJ decisions, and thus is untimely.