Sleep apnea decisions — 2024

The Board remands the issue of entitlement to service connection for obstructive sleep apnea for further development, including an opinion on its relation to active service and any toxic exposure risk activities.

The Board remands the claim for service connection of obstructive sleep apnea (OSA) to allow VA to obtain an opinion that addresses direct and secondary service connection, aggravation, and provides adequate rationale.

The Board has denied service connection for obstructive sleep apnea and has remanded the issue of service connection for a cardiovascular disability.

The Board dismissed the appeal of the proposed rating reduction from 40 percent to 10 percent for a lumbosacral strain.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA), finding that it is secondary to his service-connected major depressive disorder with anxious distress. The decision resolves doubt in favor of the Veteran.

The Board has decided to remand the case due to a duty to assist error, and will provide an addendum opinion on whether the Veteran's obstructive sleep apnea is aggravated by his service-connected scoliosis.

Service connection is granted for rib disability (costochondritis), neck disability with pain and limitation of motion, cubital tunnel syndrome of the left upper extremity, bilateral elbow and wrist disabilities, left hip disability secondary to service-connected inguinal hernia, and bilateral ankle disabilities.,An initial 20 percent rating is granted for costochondritis, a separate 20 percent rating is granted for a left knee disability with recurrent swelling, and ratings in excess of 20 percent are denied for shoulder disabilities.

The Veteran's claim for service connection for obstructive sleep apnea is granted. The claims of increased disability ratings for left shoulder rotator cuff tendinitis, bursitis, and scapula dyskinesis, temporomandibular joint disorder (TMJD), and degenerative disc disease are remanded.

The Veteran's claims for service connection for various conditions are being remanded due to duty-to-assist errors.

The Board has remanded the claims for service connection for OSA as secondary to PTSD, a lower back disability other than lumbosacral strain, and an increased evaluation of lumbosacral strain due to new and relevant evidence submitted by the Veteran.

The Veteran's GERD, lumbosacral strain, left hip iliopsoas tendinitis, right hip osteoarthritis and iliopsoas tendinitis, left knee condition to include tendonitis/tendinosis, and erectile dysfunction are all granted as secondary to his service-connected right knee disability.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and evidence collection.,Specifically, the VA needs to clarify whether the Veteran's back pain, ankle sprains, and hand injury are related to his military service.

The Veteran's claims for an initial schedular rating in excess of 70 percent for major depressive disorder, service connection for obstructive sleep apnea and erectile dysfunction are remanded due to the need for additional evidence. The Veteran is also entitled to TDIU.

The Veteran's service connection for a right upper extremity neurological disability is granted.,Service connection for urinary frequency is granted, with the condition being secondary to hypertension.,Service connection for obstructive sleep apnea (OSA) is granted. The onset of OSA during active-duty service is noted.,The Veteran's scar on top of his head from an in-service injury is found to be related to service.

The Board has denied the Veteran's claim for service connection for Obstructive Sleep Apnea, finding that it was not incurred in or aggravated by service and is not caused by a service-connected disability.

The Board has remanded several issues for further development, including obtaining proper authorizations for private treatment records and providing a new medical opinion regarding the Veteran's wrist disability. The claims for service connection for bilateral hearing loss, tinnitus, ruptured eardrum, back disability, right knee disability, gout and/or pseudogout/CPPD, left foot disability, osteophytosis of the thumb/metacarpal surgery, wrist disability, eye/vision disability, and obstructive sleep apnea are also remanded.

The Board has determined that the evidence is insufficient to establish service connection for obstructive sleep apnea as secondary to an acquired psychiatric disability and/or musculoskeletal disabilities, and thus remands the case for further development.

The Veteran's obstructive sleep apnea is granted as service connected, with a rating of 100% effective from the date of the decision.

The Board has remanded the claims for cervical spine condition, lumbar spine condition, right knee condition, and right ankle sprain to obtain new opinions. The claim for scar left eye/cheek is denied as no new relevant evidence was submitted.

The Board has decided to remand the case due to inadequate medical opinions and the Veteran's incarceration, requiring a new VA examination.