Sleep apnea decisions — 2024

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted as the condition is related to active service.

The Board has denied the veteran's claims for service connection for hypertension, a low back disability, a right knee disability, and sleep apnea as there is no persuasive evidence that these conditions were incurred or aggravated during active service.

The Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and opinions regarding his sleep apnea, cervical spine disability, right upper extremity radiculopathy, and left upper extremity radiculopathy.

The Board has decided to remand the case due to an incorrect application of the standard for secondary service connection. A new examination is needed to determine if the Veteran's obstructive sleep apnea was caused or aggravated by his service-connected depression.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's claim for service connection for an acquired psychiatric disorder, including adjustment disorder and major depressive disorder, has been granted.,Service connection was denied for PTSD.

The Board has remanded the claims for service connection due to new evidence being added to the record, and the Veteran did not waive AOJ consideration of this evidence. The claims will be readjudicated by the AOJ.

The Veteran's right foot gout, left foot plantar fasciitis and hammer toes, and right foot plantar fasciitis and hammer toes are all granted service connection as they had their onset during periods of active duty service.,Service connection for obstructive sleep apnea is remanded due to insufficient medical opinions. The Veteran's left foot gout requires a medical opinion addressing toxic exposures.

The Board has remanded the case due to lack of substantial compliance with previous remand directives regarding service connection for obstructive sleep apnea.

The Board has remanded the cases of Crohn's disease and sleep apnea for further examination and opinion. The TDIU claim is also remanded due to its inextricably intertwined nature with the other two issues.

The Board has reopened the claim of service connection for OSA due to new and material evidence. However, the case is remanded for a new examination to determine if any acquired psychiatric disorder is related to service.

The Board dismissed the Veteran's appeal regarding ratings in excess of 30 percent prior to July 18, 2019, for depressive disorder with insomnia and anxiety disorder. The claims for service connection for tinnitus and obstructive sleep apnea were granted.

The Board denied the Veteran's claims for service connection due to a lack of evidence showing that his lumbosacral spine disability and bilateral knee disability were aggravated by active service.

The Board has granted service connection for a respiratory disability, but remanded the issue of service connection for obstructive sleep apnea as secondary to the respiratory disability.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to service, and therefore grants service connection for this condition.

The Veteran's appeals for service connection on the issues of peripheral neuropathy, radiculopathy, chronic fatigue syndrome, and maxillary sinusitis have been withdrawn.,Service connection for erectile dysfunction has been granted.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to her service-connected persistent depressive disorder. The lumbar spine condition, bilateral lower extremity radiculopathy, and persistent depressive disorder are all granted increased ratings. Service connection for dysfunctional bleeding with LGSIL/HGSIL status post LEEP is also granted.

The Veteran's service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment prior to June 7, 2019.

The Board has determined that the Veteran's claims for service connection and increased ratings are remanded due to the need for additional examinations and medical opinions. The issues include a left hip disability, COPD, sleep apnea, right knee disability, and TDIU.

The Veteran's lumbosacral strain is currently rated at 40 percent, but the Board finds that there is no evidence of unfavorable ankylosis or functional equivalent thereof to warrant a higher rating.