Sleep apnea decisions — 2024

The Veteran's lumbosacral strain with disc bulge is currently rated at 20 percent, which is the maximum schedular rating available under VA regulations. The appeal for an increased rating has been denied as her symptoms do not meet or approximate the criteria for a higher rating.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine, gastroesophageal reflux disease (GERD), and posttraumatic stress disorder (PTSD) are remanded due to a pre-decisional failure of the duty to assist based on inadequate examinations.

The Veteran's claims for service connection for tinnitus and sleep apnea have been granted. The Board found that the evidence supported the Veteran's statements regarding her experiences in service, leading to a finding of service connection.

The Board has denied service connection for a psychiatric disorder other than PTSD, obstructive sleep apnea, erectile dysfunction, diabetes mellitus type II, right toe disability, right shoulder strain, and hypertension. The Veteran's right toe disability was granted service connection.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected disabilities, specifically obesity which was caused by his service-connected conditions. The benefit of doubt has been resolved in favor of the Veteran.

The appeal for service connection for obstructive sleep apnea is dismissed due to mootness. Service connection for an acquired psychiatric disorder, including anxiety and depressive disorders, secondary to a service-connected back condition, is denied.

The Board has determined that an addendum medical opinion is needed to address the correct legal standards and the holding in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023). The claim for service connection for obstructive sleep apnea will be remanded.

The Veteran's claim for service connection for an acquired psychiatric disability (claimed as secondary to service connected tinnitus) is granted. The Veteran's claim for service connection for obstructive sleep apnea (claimed as secondary to service connected tinnitus) is denied.

The Board has determined that the Veteran's service connection for Obstructive Sleep Apnea should be remanded due to a duty-to-assist error.

The Board has granted service connection for Obstructive Sleep Apnea and has remanded the claims of service connection for Left-Hand Disability, Right-Hand Disability, and Cervical Spine Disability.

The Board has remanded the case due to a duty to assist error, specifically regarding the adequacy of a February 2020 VA examiner's opinion. The Veteran asserts his current OSA disability is related to service exposure to cleaning solvents and other hazards.

The Board dismissed the Veteran's appeals for service connection of GERD, hypertension, and sleep apnea due to the Veteran withdrawing his appeal.

The Board has denied service connection for flat feet and OSA, but granted service connection for the Veteran's back condition. The decision is mixed as some issues were granted while others were denied.,Service connection was established for lumbar spine degenerative arthritis with thoracic vertebral bodies wedging (back condition).

The Board has remanded the case due to insufficient reasoning in a previous VA opinion regarding whether sleep apnea is secondary to service-connected depressive disorder.

The Veteran's sleep apnea is found to be caused by his service-connected PTSD, with obesity being an intermediate step in the multi-causal chain. As a result, the Board grants service connection for sleep apnea on a secondary basis.

The Board has granted the request to readjudicate the claim of service connection for sleep apnea and has remanded it for further action.

The Board has determined that the severance of service connection for intermittent explosive disorder and the entitlement to an initial disability rating in excess of 10 percent for lumbosacral strain need further review due to procedural errors.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is service-connected or secondary to a service-connected disability. The AOJ must obtain an addendum opinion from an appropriate clinician addressing these issues.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to obesity caused by his service-connected disabilities, including a mood disorder with major depressive-like features, right knee residual post-operative with instability and traumatic arthritis, and left knee strain. The decision is based on evidence that the Veteran's obesity resulted from his service-connected disabilities, which in turn led to his sleep apnea.

The Veteran withdrew his appeal regarding the claim of entitlement to service connection for sleep apnea before a decision was made.