Sleep apnea decisions — 2024

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea, specifically whether it is at least as likely as not caused or aggravated by his service-connected Reiter's syndrome and foot disabilities.

The Veteran's appeal to have an earlier effective date for his service-connected obstructive sleep apnea (OSA) dismissed. The Board found that the Veteran submitted both a supplemental claim and a Board appeal on the same day, which is not allowed under VA regulations.

The Board has granted service connection for hypertension, but the claims for atrial fibrillation, venous stasis or varicose veins, and sleep apnea are remanded due to pre-decisional failures of the duty to assist.

The Veteran's claim for an earlier effective date for DEA benefits is denied because the combined evaluation of his service-connected disabilities reached 100% on June 15, 2021, and DEA benefits can only be awarded after a permanent and total disability rating.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, secondary to his service-connected chronic adjustment disorder with obesity as an intermediate step. The decision is based on a finding of reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's obstructive sleep apnea, including a lack of VA medical opinions on secondary service connection for tinnitus and aggravation by his service-connected adjustment disorder.

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 spine and hypertension, with obesity being an intermediate step.

The Veteran's back condition resulted in no less than estimated forward flexion of 55 degrees with flare-ups, but not meeting the criteria for a higher rating. The claim for an increased rating is denied.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected MDD with anxious mood and TBI. The examiner must provide an addendum opinion addressing this issue.

The Board has remanded the case due to a duty to assist error, specifically failing to obtain an examination that addressed symptoms during the Veteran's active duty service.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the inadequacy of the previous medical opinion. The Board requests a new, adequate medical opinion to determine if his sleep apnea began in service or is related to any event or injury in service.

The Board has remanded the claims for sleep apnea, back disability, lower left extremity radiculopathy, and upper left extremity neuropathy due to insufficient evidence of current diagnoses or causal relationships.

The Board has remanded the claims for skin cancer and sleep apnea due to inadequate medical opinions in the prior VA examinations. The left thumb condition claim is granted.

The Veteran's initial rating for type 2 diabetes mellitus was denied as his symptoms did not warrant a higher than 20 percent rating. The Board found that the evidence showed he used hypoglycemic agents and a restricted diet to manage his diabetes, without requiring insulin or regulation of activities.

The Board has determined that new and relevant evidence has been submitted, warranting readjudication of the Veteran's service connection claims for obstructive sleep apnea and tinnitus. The claims are being remanded to allow for further examination and opinion.

The Veteran's previously denied claims for service connection for a back disorder, chronic fatigue syndrome (CFS), irritable bowel syndrome (IBS), and sleep apnea are all denied due to lack of new and relevant evidence.,Service connection is not granted for left hip arthritis, right hip arthritis, or cervical spine injury residuals as there is no competent evidence linking these conditions to service.

The Board has granted service connection for obstructive sleep apnea (OSA) due to the Veteran's service-connected diabetes mellitus II. Service connection for psoriasis is remanded.,Service connection for OSA was granted based on a finding that it had its onset during or is otherwise related to his active service, and secondary service connection was granted as the Veteran's obesity caused by his service-connected diabetes mellitus II aggravated his OSA.

The Board has granted service connection for a low back disability, diagnosed as lumbosacral strain, finding that the Veteran's symptoms during and since service are credible.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD and lower extremity peripheral neuropathy, with obesity serving as an intermediate step.