Sleep apnea decisions — 2024

The Veteran's claim for service connection for obstructive sleep apnea was granted effective February 26, 2013. The Board has now determined that the earliest date on which a formal or informal claim could have been filed is December 17, 2012.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) was denied because the new evidence submitted since the January 2020 rating decision is cumulative or redundant of the evidence at that time and does not tend to prove or disprove a matter at issue.

The Board has remanded the case due to procedural issues and inadequate medical examination, requiring further development and a new VA medical opinion.

The Board has denied service connection for diabetes mellitus and remanded the claims for sleep apnea (OSA) and neurocognitive disorder due to insufficient evidence.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as no formal or informal claim was received prior to January 5, 2015.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the submission of new and relevant evidence. The Board finds that a VA examination is needed to determine if his sleep apnea condition was caused or aggravated by his service-connected major depressive disorder with generalized anxiety disorder.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD, and thus grants the claim for service connection.

The Board has decided to remand the Veteran's claim for service connection due to a pre-decisional error in not obtaining an adequate VA medical opinion prior to the October 2019 rating decision on appeal. The Veteran is required to provide additional evidence and clarification of his claims.

The Board has granted the Veteran's claim for service connection for central sleep apnea as secondary to his service-connected unspecified anxiety disorder.

The Board has determined that the decision on appeal is not final and requires additional medical opinions to address the correct legal standards and the holding in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).

The Board has found a pre-decisional duty to assist error and remands the case for a VA medical opinion to clarify the etiology of the Veteran's claimed sleep apnea, including whether it is related to service-connected bronchial asthma.

The Board has remanded the claims of service connection for sleep apnea and prostate condition due to insufficient medical opinions provided by VA examiners.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant due to her inability to use assistive devices as a normal mode of locomotion.

The Board has decided that the Veteran does not have a current dental disability for which service connection may be granted for compensation purposes. The claim of service connection for loss of upper and lower teeth is denied. For sleep apnea, the Board finds that a remand is necessary to correct a pre-decisional duty to assist error.

The Board has determined that the VA examinations and opinions provided for the Veteran's bilateral feet, left ankle, left hip, and lumbar spine were inadequate. The claims are being remanded to obtain a new and adequate VA opinion to determine whether these disabilities were caused or aggravated by the Veteran's service-connected left knee disability.

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

The Veteran's claim for a compensable disability rating for hearing loss was dismissed.,Service connection for sleep apnea, left ankle gout, right ankle gout, left foot gout, and right foot gout were granted as secondary to hypertension.,Service connection for degenerative arthritis of the spine was granted as secondary to residual fracture of the left ankle and bilateral knee degenerative arthritis.

The Board has remanded the propriety of reducing a 100 percent disability rating for Rosai-Dorfman Disease after June 1, 2016 and the issues regarding higher ratings for left eye atrophy and blindness, diabetes insipidus, and seizure disorder as residuals of Rosai-Dorfman Disease. The remand requires an in-person VA examination to determine the current severity of the service-connected Rosai-Dorfman Disease.

The Board has remanded the case due to insufficient opinions regarding whether the service-connected disabilities caused or aggravated obesity, which in turn caused OSA. The Veteran must provide addendum VA examination opinions.

The Board denied service connection for enlarged prostate, obstructive sleep apnea, and COPD. The evidence did not support a finding that these conditions began during or within one year following active service.,Service connection was denied on the basis of herbicide exposure as there is no listed disease in 38 C.F.R. § 3.309 for which presumptive service connection applies to an enlarged prostate, and the Veteran's statements were not competent evidence.