Sleep apnea decisions — 2024

The Board has granted service connection for OSA secondary to bipolar disorder with major depressive disorder. The issues of lung disability and low back disability are remanded.

The Board has remanded the case due to insufficient reasoning in previous opinions and new evidence submitted by the Veteran.

The Board has remanded the Veteran's claims for service connection for lung cancer, sleep apnea, and anxiety due to potential exposure to toxic substances at Fort McClellan. The AOJ is required to obtain medical opinions on the likelihood of a nexus between these conditions and the Veteran's TERA participation.

The Veteran's service-connected disabilities, including traumatic brain injury and back pain, resulted in the need for regular aid and attendance. The Board found that SMC aid and attendance is granted based on these conditions.

The Board has granted effective dates of September 8, 2016 for the awards of service connection and increased ratings for right ear hearing loss, tension headaches, and acquired psychiatric disability. The rating for the acquired psychiatric disability is set at 70 percent.

The Board has decided to remand the case due to a need for further examination and medical opinion regarding the Veteran's sleep apnea, which was previously denied. The claim is being returned to the AOJ for these additional evaluations.

The Veteran's claims for service connection and increased ratings for various conditions have been denied. The Board found that the evidence did not support a higher rating for bilateral hearing loss, and there was no service connection established for most of the claimed conditions.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected adjustment disorder with depressed mood.

The Board has remanded the claims for service connection for chronic fatigue syndrome, sleep apnea, and gastroesophageal reflux disease due to new evidence received after the previous rating decisions. A VA examination is required to determine if these conditions are related to service or TERA exposure.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a duty to assist error. The issues include right shoulder, left shoulder, bilateral foot, gastroesophageal reflux disease (GERD), cervical strain with degenerative arthritis, and lumbosacral strain.

The Board has denied service connection for fibromyalgia due to lack of objective evidence and credible opinion supporting the diagnosis.,Service connection is remanded for hypertension and sleep apnea as there is insufficient evidence linking these conditions to service.

The Veteran's claim for service connection for sleep apnea is dismissed as the Veteran withdrew his appeal.,Service connection for bladder cancer and hypertension are granted due to in-service exposure to herbicide agents. The Veteran has current diagnoses of these conditions.

The Veteran's claim for major depressive disorder was denied as there is no evidence of a service connection.,The Veteran's claims for diverticulosis, erythematous mucosa, hiatal hernia, and hemorrhoids were all denied due to lack of evidence linking these conditions to his military service.,The Veteran's claim for GERD was remanded as there is no clear indication of a connection between the condition and his military service.

The Veteran's claim for service connection for a lumbar spine disability has been granted. The claim for service connection for a cervical spine disability is remanded due to insufficient evidence regarding whether the cervical spine disability was caused by or aggravated by the lumbar spine disability.

The Board has granted service connection for Erectile Dysfunction (ED) as secondary to Major Depressive Disorder (MDD) and Hypertension, but denied service connection for Obstructive Sleep Apnea (OSA) as secondary to MDD.

The Board has granted service connection for allergic rhinitis and denied service connection for tinnitus, sciatica of the LLE and RLE, sleep apnea, GERD, major depression, and insomnia.

The Board denied the Veteran's claim for SMC based on aid and attendance, finding that his service-connected disabilities do not render him in need of regular aid and assistance due to daily living activities.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as it is at least as likely as not incurred in or caused by his military service. The new evidence submitted since the March 2022 rating decision supports this determination.

The Board denied the Veteran's claim for service connection for breathing problems or other respiratory condition (other than sinusitis, allergic rhinitis, and obstructive sleep apnea) due to lack of a current diagnosis.

The Board has determined that the VA opinions provided were inadequate and remanded for further development, including obtaining a TERA-specific medical opinion to address the nature and etiology of the Veteran's sleep apnea.