Sleep apnea decisions — 2024

The Board has determined that the VA medical opinion from May 2023 does not substantially comply with the remand directives and requires further examination to determine if obstructive sleep apnea is related to service or secondary to diabetes mellitus, as well as whether obesity contributed to the condition.

The Veteran's petition to reopen the claim of entitlement to service connection for asthma was denied. The petition to reopen the claim of entitlement to service connection for arrhythmia was granted, and the issues of entitlement to service connection for sleep apnea and testicular condition were remanded.

The Veteran's application for a rating in excess of 50 percent for PTSD was denied. The claims for service connection for bilateral fingers crush injury residuals, thoracolumbar spine disorder, hypertension, hypercholesterolemia, kidney disease, urinary incontinence, obstructive sleep apnea (OSA), bilateral hearing loss, and tinnitus were all denied. Service connection for hypertension was granted based on the PACT Act.

The Veteran's OSA is granted as it is etiologically related to his service-connected left knee disability.,New and material evidence has been submitted for the right leg shin splints, bipolar disorder, and bilateral hip disability claims.

The Board has remanded the case due to inadequate medical opinion in the February 2023 decision, and a new VA examination is required.

The Veteran's headache, right foot, and left foot disabilities are found to be related to his active service.,There is no evidence of a sleep disability other than sleep apnea in the record.

The Board has remanded the claims for service connection for PTSD, sleep apnea, a right hand small finger laceration, and tinnitus due to new evidence submitted since the February 2014 rating decision. The claim for bilateral hearing loss is withdrawn.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is not sufficient evidence to establish a link between his current diagnosis and his military service.

The Board has remanded the claims of service connection for headaches, dizziness/vertigo, a left lower extremity neurological disability, a sleep disability (claimed as sleep apnea), and diabetes mellitus due to additional development and to ensure substantial compliance with previous remand directives.

The appeal to reopen the claim for service connection for sleep apnea is granted. The Veteran's current obstructive sleep apnea is reopened based on new and material evidence received in November 2017, which was within one year of the notification of the September 2017 rating decision denying service connection.

The petition to reopen the claim for service connection for renal cell carcinoma was denied.,Service connection for OSA as secondary to PTSD is granted. The Veteran's PTSD rating from April 12, 2016, is increased to 100% effective January 16, 2020.

The Board has determined that further development is necessary before the Veteran's claims for increased rating and service connection can be properly adjudicated. The claims are being remanded to obtain updated medical evidence, including a VA examination for sleep apnea and anxiety disorder.

The Veteran's right ankle condition is granted as service-connected. The remaining issues of bilateral pes planus, bilateral plantar fasciitis, bilateral knee conditions, obstructive sleep apnea, and bilateral hearing loss are remanded for further evaluation.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for lumbar spine conditions, radiculopathies, shoulder conditions, and gastroesophageal reflux disease. The appeals are being returned to the agency of original jurisdiction (AOJ) for further action.

The Veteran's service-connected PTSD and musculoskeletal disabilities are found to be the cause of his obstructive sleep apnea. His back disability is granted with a 40% rating from September 23, 2020 onwards for the period prior to that date he was rated at 20%. The left and right lower extremity radiculopathy disabilities are also granted with a 40% rating each.

The Board has remanded the cases for further development and examination to address whether the appellant's obstructive sleep apnea and right foot disability are related to service, including toxic exposures during Gulf War service. The opinions must consider the appellant's lay statements regarding in-service onset of these conditions.

The Veteran's migraine headaches are worsened by his service-connected PTSD, and he is granted service connection for this condition.,His hypertension is worsened by his service-connected PTSD, and he is granted service connection for this condition.,Obstructive sleep apnea is caused or worsened by his service-connected allergic rhinitis and PTSD, and he is granted service connection for this condition.

The Board has decided to remand the case due to conflicting opinions regarding the nature and etiology of the Veteran's sleep apnea. The issue is being returned for further evaluation.

The Board has granted service connection for sleep apnea as secondary to PTSD on the basis of aggravation, finding that the Veteran's PTSD resulted in suboptimal compliance with his CPAP therapy, which aggravated his sleep apnea.

The Board denied the veteran's claims for service connection for obstructive sleep apnea, finding that there was no evidence to support a nexus between his current OSA and his military service or any service-connected condition.