Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for additional development due to new evidence and issues related to service connection, rating, and TDIU.

The Veteran's claims for obstructive sleep apnea, left shoulder condition (arthritis), low back disability, migraine headaches, and cervical spine disability have all been granted. The appeals were decided on the merits of the evidence presented.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his hearing loss, back disability, TBI residuals, and neck disability. The Board finds that the current evidence does not provide sufficient information to determine if there has been a change in the severity of these conditions.

The Board has granted service connection for obstructive sleep apnea and hypertension, both claimed as secondary to the Veteran's service-connected generalized anxiety disorder (GAD), major depressive disorder (MDD), and alcohol dependence.

The Board has remanded the case due to inadequate medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected diabetes. The hypertension claim is resolved in favor of the Veteran as it was granted during the pendency of this appeal.

The Veteran's headaches are rated at a 30 percent rating prior to June 27, 2018 and denied for higher ratings. The Veteran is granted a TDIU from August 24, 2022.,For the entire appeal period, the Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's appeal of service connection for obstructive sleep apnea is dismissed. The Veteran's depression is granted an initial rating of 100 percent, effective from the date of the decision. The issues regarding right knee disability and TDIU are remanded.

The Board has remanded the claims for service connection for irritable bowel syndrome, sleep apnea, and migraine condition due to the Veteran's failure to attend scheduled VA examinations. The claim will be reviewed with a new addendum medical opinion.

The Board has granted service connection for an acquired psychiatric disability, including PTSD and insomnia, as well as lumbosacral strain. Service connection for a sleep disability other than insomnia is denied.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current sleep apnea disability is not related to his service or a service-connected condition.

The Board has remanded the claims for service connection for pseudofolliculitis barbae, plantar fasciitis, and sleep apnea due to outstanding VA treatment records needing to be obtained.

The Board denied service connection for diabetes mellitus, asbestosis, hypertension, erectile dysfunction (ED), sleep apnea, right knee disability, and left knee disability due to lack of evidence supporting herbicide exposure in Korea.

The Board has decided to remand the claims for service connection for obstructive sleep apnea and gastroesophageal reflux disease due to inadequate opinions regarding whether these conditions are caused or aggravated by service-connected PTSD, medications taken for service-connected disabilities, or obesity resulting from such medications.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's respiratory disability, including OSA and unspecified respiratory disorder, is related to service. The Veteran contends that his disabilities are linked to in-service carbon monoxide poisoning.

The Board has remanded the claims for service connection, rating higher than 20 percent for right arm/shoulder disability, and a rating higher than 50 percent for PTSD due to outstanding VA treatment records. The claim for obstructive sleep apnea is also remanded.

The Board has determined that the claim for service connection for sleep apnea should be remanded due to a lack of medical opinion on direct service connection and potential secondary service connection.

The Board has dismissed the Veteran's claims for service connection for sleep apnea, right knee strain, and bilateral foot pain as he elected to pursue a supplemental claim. The appeal of his lumbosacral strain disability rating is denied as it does not meet the criteria for an increased rating.

The Board has determined that the Veteran's obstructive sleep apnea is caused by his service-connected posttraumatic stress disorder, and therefore grants service connection for OSA as secondary to PTSD.

The Veteran's appeal for a higher rating for obstructive sleep apnea has been dismissed due to the appellant's representative requesting withdrawal of his claim.

The Veteran's claims for service connection for GERD, ED, and obstructive sleep apnea are being remanded due to duty-to-assist errors.,The claim for TDIU prior to October 15, 2020 is also being remanded.