Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for gastrointestinal disability, PTSD, and sleep apnea due to incomplete development of records and need for additional medical opinions.

The Veteran's claims for increased evaluations of OSA and PTSD, as well as his claim for TDIU, were denied. The Board found that the evidence did not support a rating in excess of 50 percent for either condition.

The Board has remanded several issues including the right knee rating, service connection for an acquired psychiatric disorder and sleep apnea, and TDIU due to lack of information regarding the severity of the Veteran's conditions and potential secondary service connection.

The Veteran's appeals for a higher rating for his lumbosacral degenerative disc disease with spondylosis and TDIU were dismissed due to the Veteran's death. The Board has no jurisdiction to adjudicate these claims as the appellant passed away during the pendency of the appeal.

The Board has dismissed all the Veteran's claims due to his death.

The Veteran's sleep apnea is granted as secondary to his service-connected post-traumatic stress disorder (PTSD). The Board found that the PTSD caused or aggravated obesity, which in turn caused the sleep apnea.

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

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and a sleep disorder (sleep apnea) due to inconsistencies in prior medical opinions and new evidence. The Veteran is seeking service connection for his acquired psychiatric disorder based on a verified stressor, while also alleging that his sleep apnea is secondary to his mental health issues.

The Board has remanded the Veteran's claims for coronary artery disease and obstructive sleep apnea due to insufficient evidence regarding service connection, including exposure to toxins. The case requires further examination and opinion.

The Veteran's tinnitus is granted as service-connected. The Board has remanded the claims for right knee injury, left knee condition (including cellulitis), and sleep apnea due to insufficient medical evidence.

The Board has granted the Veteran's claim of service connection for obstructive sleep apnea as secondary to his service-connected sinusitis associated with chronic suppurative otitis media, finding that the current severity of the Veteran's sinusitis warrants by proximity association with obstructive sleep apnea and that the condition is the direct result of the service connected condition.

The Board has decided that the VA did not provide an adequate examination to determine if the appellant's OSA is secondary to his service-connected PTSD. The case is being sent back for further evaluation.

The Board has granted service connection for sleep apnea and hypertension, finding that these conditions are related to the Veteran's active military service. The case is remanded for a VA examination to assess the current severity of his service-connected bilateral hearing loss.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not caused by or secondarily related to his time in military service or his service-connected major depressive disorder with anxious distress.

The Board has granted service connection for PTSD and MDD, but the claims for hearing loss and sleep apnea are remanded.

The Veteran's claims for service connection have been remanded due to the need for additional evidence and examinations. The issues include left foot, right foot, back, kidney disease, gastroesophageal and/or gastrointestinal disorder (GERD), gynecological condition, acquired psychiatric disability, anemia, sleep apnea, thyroid disorder, respiratory disorder, hypertension, bone disorder, diabetes mellitus, type II, and peripheral neuropathy. The Veteran's exposure to toxins at Fort McClellan is also under review.

The Board has decided to remand the claims of service connection for obstructive sleep apnea, an acquired psychiatric disorder (including anxiety and depression), a right shoulder disability, and a left shoulder disability due to lack of substantial compliance with the March 2023 remand instructions.

The Veteran's claims for service connection for fatigue and a sleep disability were denied. The Board found that his fatigue is related to his diagnosed obstructive sleep apnea, which was not due to service or any other compensable condition. Service connection for hypothyroidism was granted based on its known etiology and pathophysiology.

The Board has found that the Veteran's claims for service connection are not fully developed and requires additional information from private medical records. The issues of service connection for various conditions, including headaches, skin rash, obstructive sleep apnea, erectile dysfunction, fibromyalgia, left eye disability, achalasia, hypertension, and arthritis, are being remanded to allow for further development.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) as there was insufficient evidence to show he could not secure or follow substantially gainful employment due to his service-connected disabilities.