Sleep apnea decisions — 2024

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and grants service connection for this condition.

The Veteran's appeal for a higher rating for his lumbosacral spine disability and TDIU prior to April 25, 2017 was denied. The Board found that the evidence did not show he was unable to secure or follow substantially gainful employment due to service-connected disabilities.

The Board has remanded the claims for service connection for obstructive sleep apnea, right shoulder disability, and gastric disability due to lack of evidence establishing a direct link between these conditions and service. The Veteran's OSA is not considered an undiagnosed illness or MUCMI.

The Board has remanded the case due to its failure to consider the combined effect of the Veteran's service-connected disabilities in determining whether he is unemployable. The Veteran meets the schedular criteria for a TDIU, but further development is needed to assess his occupational impairment caused by his service-connected conditions.

Your appeal for sleep apnea has been dismissed because you opted-in to the AMA system, which means your claim is now in the AMA system and not the Legacy appeals system.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent and 20 percent for lumbosacral strain, chronic and recurrent with mild changes of degenerative disc disease at L5-S1, as well as his claim for TDIU due to service-connected disabilities. The remand requires further examination and consideration of the Veteran's medication use and its impact on range of motion.

The Board has found that an additional remand is required due to the need for new medical opinions regarding the nature and etiology of the Veteran's obstructive sleep apnea (OSA), as well as whether it was caused by his service-connected conditions. The matter will be returned to the RO for further development.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to March 3, 2014, finding that his service-connected disabilities did not render him unable to secure or follow substantially gainful employment.

The Veteran meets the schedular requirements for a TDIU and was rendered unable to obtain or maintain substantially gainful employment due to his service-connected disabilities since, at least July 2018.

The Board remands the claims for service connection for a throat condition, hypertension, obstructive sleep apnea (OSA), and an acquired psychiatric disorder as secondary to prostate cancer due to inextricably intertwined issues.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected chronic sinusitis is being remanded due to the need for a new VA examination and opinion.

The Board has remanded the case due to an inadequate September 2019 VA medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected major depressive disorder, generalized anxiety disorder, and panic disorder without agoraphobia. The AOJ is instructed to obtain a supplemental medical opinion addressing whether the Veteran's obstructive sleep apnea is aggravated by these service-connected conditions.

The Veteran's service-connected disabilities have precluded her from securing and maintaining substantially gainful employment since March 16, 2019.

The Board has determined that the Veteran's claim for service connection for rhinitis must be readjudicated, as no new and relevant evidence has been submitted since the previous denial in November 2020. The remaining claims of service connection for intervertebral disc syndrome of the cervical spine with degenerative arthritis and spinal stenosis, left shoulder impingement syndrome, bilateral upper extremity radiculopathy, and obstructive sleep apnea (OSA) are remanded due to inadequate medical opinions.

The Board has remanded the claims for service connection due to incomplete records and potential errors in the initial decision. The Veteran's Air Force Reserve service personnel records need to be obtained, along with any outstanding service medical records.

The appeals for service connection for OSA and tinnitus were dismissed due to not complying with VA's claims processing rules.,A rating in excess of 70 percent for PTSD was denied as the Veteran's symptoms did not meet the criteria for a 100% disability rating.

The Veteran's service connection claims for sleep apnea and adjustment disorder with depressed mood were denied. The Board found that the Veteran's back disability did not cause his sleep apnea, but he had an adjustment disorder with depressed mood due to his back disability.

The appeal for service connection for a recurrent sleep disability to include obstructive sleep apnea is dismissed due to a procedural defect.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and grants service connection for this condition.

The Veteran's claims for service connection for lumbosacral strain and cervical strain, as secondary to lumbosacral strain, have been dismissed due to the death of the Veteran.