Sleep apnea decisions — 2024

The Board has granted service connection for the Veteran's lumbar spine disability as secondary to his service-connected right posterior thigh disability, finding that the evidence is in equipoise and resolving reasonable doubt in favor of the claim.

The Board has remanded the Veteran's claims for sleep apnea and GERD, requiring additional development to obtain medical records and provide a new VA examination.

The Veteran's claims for obstructive sleep apnea, degenerative joint disease of the right shoulder, bilateral plantar fasciitis, chronic pharyngitis, and thrombophlebitis have been denied as new and material evidence has not been submitted to reopen any of these claims.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea. The examiner is requested to provide an addendum opinion addressing whether it is at least as likely as not that the condition had its onset in, or is otherwise related to, his military service.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no causal link between his current condition and his military service or any service-connected disabilities. The Board also found that obesity did not act as an intermediate step in developing the Veteran's OSA.

The Board has determined that the claims for service connection and increased ratings are remanded due to insufficient medical opinions addressing the nature and etiology of the Veteran's thoracolumbar spine disorder, sleep apnea, and left knee disability. The TDIU claim is also remanded as it is inextricably intertwined with the left knee rating issues.

The Veteran's cervical spine condition (claimed as an upper back condition) is denied because there is no current evidence of a disability and the Board finds that any such disability, if present, did not begin during active service or is otherwise related to an in-service injury, event, or disease.,Service connection for sleep apnea, to include narcolepsy, is granted as it is at least as likely as not incurred in or caused by active military service. The Veteran's current sleep apnea was permanently aggravated by the pain from his service-connected back, shoulder, and knees conditions, and the medications used to treat those conditions.,Service connection for COPD is granted as it is proximately due to or the result of the service-connected obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus, type II. The decision is based on a medical opinion that supports the causal relationship between the Veteran's service-connected diabetes and his current obstructive sleep apnea.

The Veteran's claims for increased ratings for his service-connected lumbar spine and bilateral hip disabilities are being remanded due to the need for additional development, including retrospective medical opinions regarding range of motion findings and flare-ups.

The Veteran's service-connected depression disorder and obstructive sleep apnea are considered to be the cause of his insomnia, so he cannot get separate compensation for insomnia.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation for any time period on appeal.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including major depressive disorder, sleep apnea, left knee disability, seizures, TIA, heart disability, bilateral lower leg neurological disability, and shaky leg syndrome. The issues include determining the severity of these conditions, whether they are related to service or other disabilities, and if they are aggravated by other conditions.

The Board has determined that there is not substantial compliance with the remand directives and thus, the case must be returned to the RO for further development. The Veteran's claim of service connection for obstructive sleep apnea (OSA) remains in dispute as the VA examiner did not provide a clear opinion regarding whether OSA was incurred during service or due to his service-connected disabilities.

The Veteran's character of discharge for the period from June 12, 2004, to October 2, 2007, constitutes a bar to VA benefits.,Entitlement to service connection for an acquired psychiatric disorder (including major depression and PTSD) is dismissed.

The Veteran's service connection claims for recurrent diverticulitis with a resection of the large intestine, abdominal surgical scar secondary to a resection of the large intestine, and obstructive sleep apnea have been granted. The Board also found that the Veteran's back disability, bilateral foot disabilities, and vision disabilities had their onset during service.

The Veteran's PTSD was granted a 100% disability rating effective April 10, 1999. The initial 50% rating for lumbosacral strain remains unchanged. Service connection for endometriosis with partial resection of the cervix and fibrocystic breast disease is denied.

The Veteran's claims for service connection for various conditions were denied as new and material evidence was not received to reopen the claims. The Veteran does not have a current diagnosis of any of the claimed conditions, and there is no link between his active duty service and these conditions.

The Board has granted service connection for obstructive sleep apnea and sinus disability (sinusitis), finding that the Veteran's conditions had their onset during service and are related to his military service.

The Veteran's claims for service connection for right knee condition, obstructive sleep apnea, right wrist carpel tunnel, and left wrist carpel tunnel have been granted.,A 10 percent rating has been assigned for bilateral tinnitus.

The Board has remanded the Veteran's claims for higher ratings for his service-connected lumbosacral strain, right lower extremity radiculopathy, left knee patellofemoral pain syndrome, and right knee disabilities. The Veteran is also being asked to complete a VA Form 21-8940 regarding his TDIU claim.