Sleep apnea decisions — 2024

The Board dismissed the Veteran's appeal because the decision in the December 2019 appeal was not a valid appeal of any decision under either appeals system and did not have jurisdiction to adjudicate the appealed issues.

The Veteran's claim for service connection for a cardiovascular disorder (to include hypertension and premature atrial contractions) has been reopened, and the claim is granted.,Service connection for obstructive sleep apnea is granted.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to inadequate compliance with the Board's April 2023 remand instructions and the need for a supplemental medical opinion addressing the relationship between OSA and in-service exposures.

The Board has remanded the case due to a need for further development and evaluation of the Veteran's lumbosacral strain condition.

The Board has remanded the TDIU claim prior to November 13, 2015 for consideration of an extraschedular rating under 38 C.F.R. § 4.16(b). The SMC based on housebound status is granted.

The Veteran's service-connected disabilities are not shown to preclude her from obtaining or maintaining substantially gainful employment, and therefore the claim for TDIU is denied.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is not related to service or caused by his service-connected PTSD with major depressive disorder.

The Veteran's claims for blindness, including light perception only, and sleep apnea have been denied as there is no current evidence of these conditions.,Service connection for asthma has also been denied due to lack of a diagnosed condition related to service or undiagnosed illness.

The Veteran's low back disability, neck disability, and bilateral calf muscle pain have been granted service connection.,Obstructive sleep apnea has also been granted secondary to the Veteran's service-connected disabilities.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that the evidence is at least evenly balanced as to whether the condition had its onset in service. The decision resolves reasonable doubt in favor of the Veteran.

The Board has granted service connection for sleep apnea and hypertension secondary to the Veteran's service-connected PTSD, but denied service connection for diabetes mellitus and erectile dysfunction. The decision is based on medical opinions that these conditions are not related to active duty.

The Veteran's service-connected disabilities, including depression, left upper extremity radiculopathy, cervical spine condition, tinnitus, scar with puncture wound residuals, and obstructive sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has decided to remand the cases for further development and examination, including obtaining medical opinions on service connection claims.

The Board has decided to remand the case due to insufficient reasoning in the previous decision regarding service connection for obstructive sleep apnea. The examiner's opinion did not address whether the Veteran's various service-connected disabilities caused his obesity, which is a necessary step in determining if they are related to the sleep apnea.

The Veteran's service-connected back condition has been rated at 40 percent since May 6, 2014. The Board finds that the evidence does not support a higher rating for any period during this time frame.

The Board has remanded both the increased rating claim for bulimia nervosa and the TDIU claim due to issues with the evidence provided by the AOJ. The Veteran is required to provide additional information about her employment history, and a new eating disorders examination must be conducted.

The Board has remanded the Veteran's claims for further development due to outstanding records from the Social Security Administration.

The Board has remanded the claims of service connection for OSA and a bilateral hand disability due to inadequate compliance with previous remand directives. The Veteran's sleep disorder may be related to her active service, but more evidence is needed regarding her hand disability.

The Veteran's acquired psychiatric disorder, other than PTSD (including generalized anxiety disorder and other specified trauma and stressor related disorder), is granted as service-connected.,Service connection for hypertension is denied.,Service connection for OSA, to include as secondary to an acquired psychiatric disorder, is denied.,Service connection for a left foot disability is denied.

The Veteran's lumbosacral intervertebral disc displacement is rated at 10 percent prior to May 5, 2018, and at 40 percent thereafter. The claim for higher ratings is denied as the evidence does not meet the criteria for a higher rating under the applicable VA rating criteria.