Sleep apnea decisions — 2024

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is at least as likely as not secondary to his service-connected major depressive disorder.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is related to service or a service-connected disability, specifically due to in-service chemical exposure. The examiner must provide an opinion on whether it is at least as likely as not that the Veteran's OSA was incurred in or is otherwise related to service.

The Board has remanded the claims for service connection for Obstructive Sleep Apnea and a Bowel Condition due to insufficient evidence regarding toxic exposure. A TERA examination is needed, including an interview of the Veteran to determine his potential exposures.

The Veteran's claim for higher ratings for lumbosacral spine DJD and DDD was denied. Prior to September 26, 2018, the rating was denied as his disability did not meet or approximate the criteria for a higher than 10 percent evaluation. From September 26, 2018, the rating was also denied due to lack of evidence meeting the criteria for a higher than 40 percent evaluation.

The Board has remanded the case due to procedural issues and requests for additional evidence regarding the Veteran's sleep apnea condition, including its onset during service and any relationship to his service-connected disabilities.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The Board also grants an initial rating of 10 percent for right hip strain with limitation of extension, but denies increased ratings for flexion and abduction/rotation issues. The Veteran's claims for knee condition are remanded.

The reduction of the disability rating for bronchitis with sleep apnea from 100 percent to 50 percent (later increased to 60 percent) was proper, and the claim for restoration is denied.

The Board has denied service connection for obstructive sleep apnea (OSA) as the evidence does not support a link to the Veteran's active military service, including exposure to environmental hazards in Southwest Asia. The VA medical opinion found no causal relationship between OSA and the Veteran's service.

The Board has determined that there has not been substantial compliance with the previous remand directives regarding the issues on appeal. The Veteran's bladder disability, obstructive sleep apnea, and right shoulder disability are all being remanded for further development.

The Veteran's lumbosacral strain was granted an initial disability rating of 20 percent, effective June 28, 2023. The appeal is for a higher rating prior to this date.

The Board has denied service connection for high cholesterol and remanded the remaining issues due to lack of medical records.

The Board has decided to remand the case due to insufficient opinions regarding the nature and etiology of the Veteran's OSA, as well as a need for a toxic exposure risk activity (TERA) examination. The Veteran is presumed to have had toxic exposure during his service in Southwest Asia.

The Board has determined that the Veteran's claims for service connection for obstructive sleep apnea, residuals of throat/nasal surgery, and low back pain require additional development due to incomplete medical opinions.

The Veteran's bilateral plantar calcaneal spurs, degenerative changes of the feet (claimed as flat feet and residuals of broken toes), degenerative disc disease of the lumbar spine, right ear hearing loss, tinnitus, and sleep apnea are found to have begun during service. The appeal is granted.

The Board has remanded the case due to inadequate development of evidence and need for a new VA examination. The Veteran's service connection claim for lumbosacral spine disability is being reviewed, with particular focus on his in-service motor vehicle accident and potential Agent Orange exposure.

Your appeal for service connection of a heart disability and sleep apnea has been dismissed due to the death of the appellant.

The Veteran withdrew his appeals for right wrist disability, gastroesophageal reflux disease (Barrett's esophagus), and sleep apnea. The appeal is dismissed.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and medical opinions regarding the etiology of the Veteran's sleep apnea, as well as whether his service-connected bilateral knee condition caused or aggravated weight gain/obesity.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected disabilities, with obesity as an intermediate step. The VA needs to obtain a new opinion from a qualified sleep specialist addressing both proximate causation and aggravation by hypertension and PTSD.

The Board has determined that additional evidence was received and must be considered in the context of the Veteran's claims for increased initial disability ratings. The appeal is being remanded to allow for a full review of the claims.