Sleep apnea decisions — 2024

The Board has denied the Veteran's claims for service connection for sleep apnea and an initial evaluation in excess of 10 percent for residuals of jaw fracture, finding that there is no evidence to support a link between these conditions and his military service.

The Veteran's appeals have been dismissed as he has withdrawn his appeal for all issues.

The Board has remanded the Veteran's claims due to outstanding SSA records and VA treatment records, as well as inadequate opinions regarding service connection for sleep apnea. The issues include rating adjustments for low back disability and determining whether sleep apnea is related to service or aggravated by other conditions.

The Board has remanded the case due to the Veteran's failure to report for VA examinations and because of potential new information from the PACT Act. The Board will request addendum opinions regarding the etiology of the disabilities on appeal, including consideration of toxic exposures in service.

The Board has granted service connection for hypothyroidism and obstructive sleep apnea, finding that the Veteran's conditions are related to his military service, including exposure to burn pits under the PACT Act. The decision is based on private medical opinions supporting these findings.

The Veteran's other specified trauma and stressor related disorder is granted as service connected.,PTSD was denied due to lack of a current diagnosis according to DSM-5 criteria.,Sleep disturbance, including obstructive sleep apnea, is remanded for further development.

The Board has determined that the issues of service connection for obesity, diabetes mellitus type 2, obstructive sleep apnea, arrhythmias, hypertension, venous stasis, erectile dysfunction, and recurrent water blisters need to be remanded as VA examiners have not provided opinions regarding whether these conditions are related to service or a service-connected disability.

The Board has remanded the claims for obstructive sleep apnea, gastroesophageal reflux disease (GERD), joint pain, and chronic fatigue syndrome to obtain additional medical opinions regarding their etiology.,Service connection is denied for obstructive sleep apnea and gastroesophageal reflux disease (GERD) as they are not related to service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected hypertension, finding that the Veteran's obstructive sleep apnea is aggravated by his service-connected condition.

The Veteran was previously employed as an office manager until November 29, 2021. He is now unable to secure and follow substantially gainful employment due to his service-connected lumbosacral strain with degenerative disc disorder.,Effective from November 29, 2021, the Veteran's TDIU claim has been granted.

The Board has determined that the Veteran's obstructive sleep apnea is related to service, and thus grants the claim for service connection.

The Veteran's anxiety disorder is granted as service-connected.,New and material evidence sufficient to reopen a claim for migraines has not been provided, thus the claim remains denied.,Service connection for sleep disability is remanded due to insufficient evidence of an in-service onset or relationship to service.,PTSD claims are remanded due to insufficient evidence of an in-service stressor.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, traumatic brain injury, and sleep apnea disorder due to a lack of evidence linking these conditions to his military service.

The Board has determined that the Veteran does not have current diagnoses for obstructive sleep apnea, sinus disorder, spinal cord disorder, disorder manifested by bone pain, disorder manifested by imbalance, bilateral eye disorder, tumor (venous angioma), or allergic rhinitis. Therefore, service connection is denied for all of these claims.

The Veteran is unable to obtain or maintain substantially gainful employment due to her service-connected disabilities, specifically urinary incontinence and other physical conditions.

Service connection for tinnitus is granted.,Service connection for gout and onychocryptosis of the left great toe are reopened, but service connection remains denied due to lack of evidence linking these conditions to service or service-connected disabilities.,Service connection for bilateral hearing loss is denied as there is no current disability meeting VA compensation criteria.,Service connection for an acquired psychiatric disorder (including anxiety and PTSD) is denied because the Veteran does not have a diagnosed psychiatric condition.,Service connection for sleep disturbances (including sleep apnea) is denied due to attribution of symptoms to obstructive sleep apnea, which was not incurred in or caused by service.,Service connection for painful joints, other than gout and a neck disability, is denied as the Veteran has not identified specific joints for which he seeks service connection.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder.

The Veteran's service-connected lumbosacral strain is granted a 40 percent disability rating prior to March 17, 2023. A higher than 40 percent rating is denied from that date forward. The Veteran's service-connected degenerative cervical spine spondylosis and disc space narrowing are granted a 30 percent disability rating prior to March 17, 2023. A higher than 30 percent rating is denied from that date forward.

The Board has found that there has not been substantial compliance with the remand requests and therefore, this claim must again be remanded for further development.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The examiner did not address the December 2015 private medical consultation and the January 2021 examination report.