Sleep apnea decisions — 2024

The Board has remanded the case due to incomplete records and need for further examinations.

The Veteran's service connection claim for sleep apnea is denied. For his bilateral blepharitis and dry eye syndrome, the Board found that a higher evaluation prior to March 5, 2018 was not warranted but granted a 20% evaluation from that date onwards.

The Board remands the issue of entitlement to service connection for a sleep disability other than insomnia disorder, to include sleep apnea, due to conflicting evidence regarding whether the Veteran has a current diagnosis of sleep apnea that has been confirmed by a sleep study.

The Board remands the claims for further development, specifically to obtain private medical records from Dr. L.B.

The Veteran's claims for service connection for a cervical spine disability, obstructive sleep apnea, and erectile dysfunction have been granted. The claim for ED is being remanded.,Service connection has been established for the Veteran's cervical strain.

The Board denied service connection for sleep apnea and left wrist disability, finding that the evidence did not support a link between these conditions and military service.

The Board has restored the separate ratings for OSA and asthma, which were improperly severed/discontinued by the AOJ. The decision is based on procedural errors in the AOJ's actions.

The Board has decided to remand the case due to an error in providing notice of the Veteran's right to a pre-decisional hearing, which could have affected her decision-making process.

The Board has remanded the claims for headaches and obstructive sleep apnea due to inadequate medical opinions. The Veteran's service connection claims are being reviewed again, with a focus on obtaining new opinions that address whether his symptoms are related to service or if they were caused by his service-connected PTSD.

The Board has granted service connection for OSA as secondary to PTSD, finding that the Veteran's obesity, caused or aggravated by his service-connected PTSD, was a substantial factor in causing his OSA.

The Veteran's service-connected lumbosacral strain and bilateral lower extremities radiculopathy have rendered him in need of regular aid and attendance, which is required for SMC at the (l) rate.

The Veteran withdrew his appeal regarding service connection for lumbosacral strain, right shoulder disorder, and right wrist disorder before the Board could make a decision.

The Veteran's TDIU is granted due to his service-connected right lower extremity radiculopathy, and he also qualifies for SMC based on the combined rating of his service-connected disabilities. The effective date will be determined by the agency of original jurisdiction.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected lumbar spine disability, and thus grants service connection for OSA.

The Veteran's left foot disability and obstructive sleep apnea are related to his active duty service in the U.S. Army, while the right foot disability and TMJD have been remanded for further examination.

Service connection for allergic rhinitis is granted.,An effective date of September 30, 2019 is granted for the grant of service connection for PTSD.,A 100% rating for PTSD is granted from September 30, 2019.,An effective date of September 30, 2019 is granted for SMC under 38 U.S.C. § 1114(s).,An effective date of September 30, 2019 is granted for DEA benefits.

The Board has denied service connection for migraines and remanded the claim of service connection for sleep apnea due to insufficient evidence. The Veteran is required to undergo a VA examination to determine if his sleep apnea began in or was caused by his active service, whether it is related to his service-connected PTSD, and if it was aggravated by his PTSD.

The Board has remanded the claims for service connection due to pre-decisional duty-to-assist errors, including failure to consider relevant medical evidence and VA examinations.

Service connection is granted for dizziness as secondary to service-connected tinnitus.,Service connection is denied for memory loss. The Veteran does not have a current diagnosis of memory loss or functional impairment from it.,Service connection is granted for nausea as secondary to service-connected headaches.,Service connection is denied for right ear hearing loss disability due to lack of evidence showing noise exposure in service.,Service connection is denied for broken nose. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is granted for fatigue as secondary to service-connected tinnitus.,Service connection is denied for irritable bowel syndrome. The Veteran does not have a current diagnosis and there is no evidence of symptoms from it.,Service connection is denied for low back disability. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is denied for right flat foot. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is denied for skin disability (claimed as skin rash, dermatitis and hives). The Veteran does not have a current diagnosis and there is no evidence of symptoms from it.,Service connection is denied for sleep apnea. There is no evidence of a current injury or functional impairment related to the claimed event.

The Board has remanded the claim for service connection for lumbosacral strain due to a duty to assist error and the need for additional medical opinions regarding causation and aggravation.