Sleep apnea decisions — 2024

The Board has remanded the claims for service connection for obstructive sleep apnea and heart conditions due to insufficient examination reports. The Veteran's OSA and heart palpitations are linked to his in-service exposure, but further clarification is needed regarding their onset and relationship to service-connected conditions.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is not related to service and therefore denied his claim for service connection.

The Board has granted service connection for a sleep apnea disability, finding that the Veteran's PTSD caused his sleep apnea.

The Veteran's lumbosacral spine degenerative arthritis and strain residuals are granted as service connected. The issues of service connection for cancer of the head and neck, bilateral hearing loss, and an acquired vision disability are remanded.

The Board dismissed the appeal for service connection of asthma. Service connection was granted for an acquired psychiatric condition including major depression disorder, low back disability (degenerative disc disease of the lumbar spine with radiculopathy), and obstructive sleep apnea.

The Veteran's petitions to reopen claims for bilateral hearing loss, right shoulder condition, and sleep apnea were denied as new and material evidence was not submitted. The claim for service connection for an acquired psychiatric disorder (major depressive disorder and unspecified trauma and stress related disorder) secondary to service-connected degenerative arthritis of the lumbar spine and right and left lower extremity radiculopathy was granted. Claims for service connection for eczema, cyst, and left eye disorder were denied.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and kidney disability due to inadequate examinations and medical opinions. The claims are being returned for further development, including obtaining additional VA treatment records and providing addendum opinions regarding causation and aggravation by service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for CFS, OSA, headaches, and HSM due to conflicting medical opinions and insufficient evidence. The claims are being returned for further development.

The Veteran's lumbosacral degenerative disc and joint disease is rated at 20 percent effective September 26, 2018. Service connection for right hip disability, right thigh disability, left hip disability, and left thigh disability are denied.

The Board has dismissed the claim for an earlier effective date for sleep apnea as it was withdrawn by the Veteran. The case is remanded to obtain VA treatment records related to the Veteran's cataracts.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and he is granted TDIU and DEA benefits effective June 4, 2010.

The Board has determined that the Veteran does not have a current disability for bilateral hearing loss, left foot disability, or left knee disability. The claim for lumbosacral strain is remanded due to insufficient evidence.,The Veteran's service connection claims are denied as there is no evidence of a current disability and insufficient evidence linking any claimed disabilities to service.

The Veteran's claims for service connection are being remanded due to inadequate VA opinions and the need for additional evidence. The issues of entitlement to service connection for various conditions, including left knee osteoarthritis, diabetes mellitus, right knee disability, insomnia, ischemic heart disease, hypertension, an acquired psychiatric disorder (PTSD, bipolar disorder, and major depressive disorder), spinal stenosis, and obstructive sleep apnea are being remanded.

The Board has decided to remand the claim of service connection for OSA due to insufficient medical opinions and a duty to assist error. The case will be returned to the AOJ for further action.

The Board has dismissed the appeal of the deferred issue regarding an increased rating for a right shoulder labral tear. The claims for service connection for sleep apnea and increased ratings for PTSD, back disability, and hypertension are being remanded.

The Veteran's lumbosacral strain with IVDS is granted a 40 percent rating, effective from the date of the appeal. Other claims are remanded.

The Veteran withdrew his appeal for the claim of entitlement to service connection for sleep apnea, resulting in its dismissal.

The Veteran's claims for increased rating of his right thumb disability, service connection for obstructive sleep apnea, and service connection for depression are being remanded due to duty-to-assist errors.

The Board has determined that the AOJ's decision on the merits of the appellant's claims for service connection was not properly considered due to procedural errors and insufficient medical opinions. The Board is remanding these matters to allow for further development, including obtaining a copy of the NAS report and additional medical opinions addressing the appellant's exposure to herbicide agents during his military service.

Service connection for obstructive sleep apnea and left knee strain (chondromalacia and knee pain) is granted.,An increased initial disability rating of 20 percent for right knee instability is granted effective April 22, 2019.