Sleep apnea decisions — 2024

The Veteran submitted new evidence showing a relationship between his OSA, obesity, and service-connected bilateral knee disability. The AOJ has not yet readjudicated the claim on the merits.

The Veteran's claim for service connection for sleep apnea was dismissed as the appeal is not about a new evidence-based reopening of an existing claim, and the Veteran did not file a timely NOD or submit new and material evidence within one year of notification.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder, finding that the evidence supports this conclusion.

The Board has granted earlier effective dates of August 8, 2019 for service connection and increased rating for the Veteran's lumbosacral strain, right knee strain with meniscal and anterior cruciate ligament tears, and OSA with asthma. The appeal for a higher evaluation for OSA with asthma was denied.

The Veteran's lumbosacral strain (claimed as low back pain) and arthritis bilateral hands have been granted service connection. A 60 percent disability rating for asthma has also been granted.

The Board has granted service connection for lumbosacral strain and cervical strain, finding that the Veteran's conditions are related to his active military service due to carrying heavy equipment during patrols in Iraq or training ruck marches.

The Board has granted service connection for sleep apnea and for mitral valve prolapse and hypertension as aggravated by the Veteran's service-connected sleep apnea.

The Board has granted service connection for lumbosacral degenerative arthritis and degenerative disc disease, right hip osteoarthritis, and right knee degenerative arthritis as secondary to the Veteran's service-connected right ankle sprain with degenerative arthritis and left total knee arthroplasty with residual surgical scar associated with left knee patellofemoral syndrome with degenerative joint disease.

The Veteran's appeal for increased ratings and service connection for various conditions, including OSA with asthma, chronic fatigue, chronic pain, TBI, and a back condition, was denied. The case is remanded to obtain the Veteran's complete service treatment records.

The Veteran's appeal for service connection for sleep apnea was dismissed because the Notice of Disagreement (NOD) was untimely filed.

The Veteran's claims for an earlier effective date for TDIU and DEA are being remanded due to the need for additional examination and consideration of extraschedular criteria.,The claim for service connection for sleep apnea is also being remanded as it requires a new opinion from a VA examiner.

The Veteran's claims for service connection for hemorrhoids and high blood pressure have been denied. The Board has remanded the claims of entitlement to service connection for a right leg condition, right wrist condition, and lumbosacral strain.,The VA examination scheduled for the Veteran will address his right leg condition.

The Board has decided to remand the case due to inadequate opinions regarding whether the Veteran's obstructive sleep apnea is related to his service, and whether his obesity (caused or aggravated by his service-connected right shoulder disability and lumbar spine disabilities) may have contributed to his current condition.

The Board denied earlier effective dates for the awards of service connection for various disabilities, including unspecified anxiety disorder (also claimed as PTSD), tinnitus, obstructive sleep apnea, lumbosacral strain, radiculopathy of the lower extremities, and ankle/sleeve strains. The Veteran did not submit a formal or informal claim prior to March 16, 2015.

The Board has granted service connection for the Veteran's OSA, finding that his PTSD is a but-for cause of his OSA and granting secondary service connection.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the relationship between PTSD and OSA.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected lumbar spine, cervical spine, and right hip disabilities. The decision is based on a private medical opinion that found it at least as likely as not that the Veteran's weight gain and obesity were caused by his service-connected lumbar spine, cervical spine, and right hip disabilities.

The Veteran's claim for service connection of obstructive sleep apnea was received on December 3, 2020. The effective date for this service connection is now set to December 3, 2020.

The Veteran's service connection for sleep apnea, including as secondary to the service-connected disabilities of degenerative disc disease, lumbar spine with spinal fusion and bilateral knee degenerative arthritis, is denied because there is no medical evidence that his obesity was caused or aggravated by a service-connected disability.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder and unspecified anxiety disorder.