Sleep apnea decisions — 2024

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for OSA, specifically related to exposure during his active duty in the Navy. The VA will conduct further development and schedule a VA examination.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected disabilities, including lumbosacral strain, bilateral plantar fasciitis with calcaneal spurs, chronic fatigue syndrome, and other conditions. As such, the claim for service connection for OSA is granted.

The Board has found that the Veteran's OSA is related to her military service and remands for a new medical opinion.

The Board has decided to remand the case due to errors in the pre-decisional duty to assist and requires additional medical opinions regarding service connection for obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected major depressive disorder and lumbar spine degenerative changes, including obesity as an intermediate step.

The Board has determined that the VA examination and opinion are inadequate for adjudicative purposes, particularly regarding secondary service connection. The Veteran's OSA is remanded to obtain a new examination and medical opinion addressing the nature and etiology of his condition, including its relationship to active duty service and any toxic exposure risk activities.

The Board has decided to remand the case due to pre-decisional duty to assist errors, including inadequate VA opinions and missing private medical records. The Veteran's OSA is being reviewed for service connection and secondary service connection.

The Veteran's lumbosacral strain is granted as secondary to his service-connected patellofemoral syndrome, right knee with degenerative changes and bilateral plantar fasciitis. The Veteran's allergic rhinitis with chronic sinusitis is granted at a 30% evaluation effective February 5, 2020.

The Board has granted service connection for the Veteran's low back disability, which includes diagnoses of degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome. The opinion provided by a VA examiner indicates that these conditions are related to complaints during service.

The Board has remanded the claims for service connection for chronic bronchitis and obstructive sleep apnea (OSA) due to potential exposure to burn pit activities during active duty. The Veteran's VA treatment records from April 2006 to present need to be obtained, and an examination with medical opinion may be necessary if exposure is confirmed.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed because the January 2023 rating decision did not address this issue, and the appeal is untimely under VA regulations.

The Veteran's appeal for service connection for lumbosacral or cervical strain (spina bifida, also claimed as chronic, mechanical low back pain) was dismissed because a supplemental claim regarding this issue was already pending before the AOJ.

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new and relevant evidence. An opinion regarding a potential nexus between the Veteran's sleep apnea and exposure to burn pit toxins during his military service is required.

The Board has dismissed the appeals for service connection for obstructive sleep apnea and migraine headaches as they have been granted in full with appropriate disability ratings.

The Veteran's right and left knee disabilities are granted as service-connected.,The Veteran's erectile dysfunction, OSA, right ankle disability, left ankle disability, right foot disability, and left foot disability claims are denied.

The Veteran's obstructive sleep apnea (OSA) is granted as secondary to his service-connected disabilities, including bilateral carpal tunnel syndrome, left ankle degenerative arthritis, and a left hip condition.

The Board has decided that the Veteran's service connection claim for obstructive sleep apnea (OSA) should be remanded due to a duty-to-assist error in failing to verify if Dr. J.A., who signed the April 2019 Medical Treatment Record, was onboard USS Saipan during September 2000.

The Board denied the Veteran's motion to revise a January 9, 2004 rating decision that reduced his disability rating for degenerative disc and joint disease of the lumbosacral spine from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.

The Board has remanded the Veteran's claims for increased ratings for her service-connected back disability and left sciatica due to inadequate examination findings in the November 2021 VA examinations. The Veteran will need a new VA examination to determine the current severity of her disabilities.

The Veteran's claim for service connection for OSA as secondary to his service-connected myasthenia gravis with residual adjustment disorder with depressed mood has been remanded due to the need for a new VA examination and medical opinion.