Sleep apnea decisions — 2024

The Board has decided to remand the case due to inadequate medical examination and opinion, as well as failure to consider all theories of entitlement. The appellant's service connection claim for Obstructive Sleep Apnea is being reviewed again.

The Board has remanded the claims for service connection for OSA, neck disability, right shoulder disability, and diabetes due to new and relevant evidence. The left shoulder disability claim is denied as no new and relevant evidence was received.

The Board has remanded the claims for service connection due to errors in duty to assist. The issues of dental disability, low back disability, bilateral hearing loss, and sleep apnea are all being reviewed again.

The Veteran's migraine has been granted service connection. The Board has found the Veteran's recurrent sleep disability and vertigo issues to be inextricably intertwined with other remanded claims, thus requiring further examination and review.

The Board denied the Veteran's request for an effective date prior to June 28, 2013, for service connection of his spinal disability. The claim was received on that date and the Board found it appropriate as the effective date.

The Veteran's appeal is remanded due to the inadequacy of a VA medical examination regarding the severity and functional loss during flare-ups or repeated use of his lumbosacral strain with disc narrowing (claimed as low back pain).

The Veteran's low back strain disability is granted an increased rating of 20 percent, but no greater. The adjustment disorder with depressed mood due to joint pain of the low back strain, bilateral knees, bilateral shoulders, and left ankle strain is granted a 50 percent initial rating, but no greater.

The Board has remanded the case due to insufficient medical opinions and a need for an examination that complies with the PACT Act. The Veteran's sleep apnea may be related to his service, including participation in a toxic exposure risk activity (TERA).

The Veteran's petition to reopen his claim of service connection for hypertension was granted, as new and material evidence has been received. The condition is now claimed as secondary to kidney, colon, and/or prostate cancer.,The Veteran's petition to reopen his claim of service connection for erectile dysfunction was granted, as new and material evidence has been received. The condition is now claimed as secondary to kidney, colon, and/or prostate cancer.

The Board has remanded the cases of service connection for obstructive sleep apnea and colitis (claimed as chronic diarrhea) due to insufficient medical opinions. The Veteran's claims are being reviewed again with a focus on obtaining adequate medical evidence.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's medication for his service-connected disabilities aggravated his obstructive sleep apnea. The VA needs to obtain a medical opinion addressing this issue.

The Board has remanded the cases for further development due to a lack of recent VA examinations and outstanding records. The Veteran's lumbar spine disability and right lower extremity radiculopathy are both being examined again, and his TDIU claim is also inextricably intertwined with these issues.

The Board has remanded the case due to an inadequate VA opinion regarding the relationship between the Veteran's sleep apnea and her military service. The case will be reviewed again with a new medical opinion.

The Board has determined that the previous remand directives were not substantially complied with and has ordered further examination to determine if the Veteran's service-connected disabilities caused or aggravated his headaches and obstructive sleep apnea.

The Board has denied the claim for service connection of OSA, finding that it was not incurred in or aggravated by service and is not proximately due to a service-connected disability.

The Veteran's claim for service connection for COPD is denied as there is no current diagnosis of COPD in the record, and his symptoms are attributed to other already service-connected conditions.

The Board has remanded the case due to a failure to obtain updated military personnel records that could support an onset of sleep apnea during qualifying service.

The Board has decided to remand the case for a VA examination to determine if the Veteran's sleep apnea is related to his time in service, as there was no opinion provided on this issue.

The Veteran's appeals for increased ratings for his right knee and lumbar spine disabilities have been denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.