Sleep apnea decisions — 2024

The Board has denied service connection for right knee arthritis, bilateral hearing loss, bladder incontinence (claimed as secondary to hypertension), right hand arthritis, left hand arthritis, and a sleep disability. The claim for tinnitus was also denied.,Service connection is not granted for any of the claimed conditions.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is at least as likely as not due to his service-connected adjustment disorder with major depressive disorder associated with right knee strain and/or weight gain due to inability to exercise due to chronic pain caused by his service-connected musculoskeletal conditions.

The Veteran's claim for a higher evaluation for migraines and earlier effective date for lumbosacral strain is granted. The Veteran is assigned an effective date of July 9, 2018 for the assignment of 50 percent evaluation for migraines. An earlier effective date than October 16, 2020 for the assignment of 20 percent evaluation for lumbosacral strain is denied.

The Board has remanded both service connection claims for obstructive sleep apnea and a vision condition due to inadequate medical opinions and the need for additional examinations. The Veteran's claims are related to presumed exposure to burn pits during his deployment.

The Board has remanded the Veteran's claims for further development and clarification regarding his service-connected disabilities, including his military service records and exposure to acoustic trauma. The claims will be reconsidered based on the evidence of record at the time of the August 2022 Supplemental Statement of the Case.

The Veteran's service connection claim for degenerative arthritis of the spine is denied as there is no evidence linking his current condition to his military service.,Service connection for OSA was not granted because the Veteran did not have a diagnosed condition during service and there is no medical nexus between his current condition and his service-connected PTSD. The Board also found that obesity, which may be related to his anxiety disorder, does not cause his sleep apnea.,The claim for generalized anxiety disorder remains pending as the Board could not determine if the Veteran's in-service events caused his current condition due to a lack of information from Federal records.

The Board has decided to remand the claim of service connection for sleep apnea, as secondary to service-connected PTSD. The decision is based on a lack of adequate medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected PTSD.

The appeal for attorney fees from the June 2021 grant of service connection for sleep apnea is denied due to a lack of valid fee agreement.

The Veteran's obstructive sleep apnea was diagnosed during service and is considered to have had its onset in service, thus service connection for this condition is granted.

The Veteran withdrew their appeal concerning increased ratings for left knee and lumbosacral strains, and for chronic lymphedema.

The Board denied the Veteran's claim for an effective date prior to February 26, 2016 for service connection for a lumbar spine disability. The appeal was found to be final due to lack of timely submission and new and material evidence.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder, to include depression, and for sleep apnea (also claimed as insomnia), due to insufficient evidence in his STRs. The Veteran will be afforded VA examinations to determine the nature and etiology of these conditions.

The Veteran's claims for service connection were denied, and the effective dates for the grants of service connection were not earlier than June 11, 2021.,Hearing loss was rated as noncompensable (0 percent) since June 11, 2021.

The Board has determined that the Veteran's claims for service connection regarding an abnormal heart disability, high blood pressure, ED, and sleep apnea are remanded due to a duty to assist error. The VA examinations obtained prior to the March 2022 rating decision on appeal did not adequately address the nature of these conditions or their relationship to his service-connected disabilities.

The Veteran's service connection for sleep apnea, including as secondary to his service-connected disabilities of degenerative disc disease, lumbar spine with spinal fusion and bilateral knee degenerative arthritis, is denied because the evidence does not support a finding that obesity (an intermediate step) was caused or aggravated by these service-connected conditions.

The Board has remanded the claim for service connection for OSA as secondary to PTSD due to inadequate opinion regarding etiology.

The Board denied service connection for various conditions, including allergic rhinitis, deviated nasal septum, sleep apnea, and sinusitis. The Veteran's current knee and ankle disabilities were also not found to be related to service.

The Veteran's appeal for service connection for back muscle spasms was withdrawn by the appellant.,Service connection for fluid retention and sleep apnea, both claimed as due to herbicide exposure, is denied. The Board found no evidence of a current disability related to these conditions.,An increased rating in excess of 20 percent for diabetes mellitus type II (DMII) is denied.

The Veteran's service-connected PTSD and back condition are found to be the proximate cause of his current sleep apnea, with obesity serving as an intermediate step.

The Veteran's claims for service connection for a recurrent headache disability and a rating in excess of 20 percent for lumbosacral spine intervertebral disc syndrome with degenerative disc disease, spondylosis, and bilateral sacroiliitis are being remanded due to the need for further medical examinations.