Sleep apnea decisions — 2024

The Board has decided to remand the case due to errors in duty to assist and a need for a new opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's embolic stroke and OSA are found to be due to his service-connected PTSD with MDD.,Service connection for both conditions is granted.

The Veteran's initial 50 percent rating for asbestosis and obstructive sleep apnea is granted, but an earlier effective date for service connection of these conditions is denied.

The Veteran's service-connected PTSD alone meets the criteria for a single disability rated at 100 percent, and his other disabilities combine to meet or exceed a 60 percent rating. Therefore, SMC at the housebound rate is granted from December 2, 2019, to May 23, 2021.

The Board has determined that the VA examinations for lumbosacral strain, cervical strain, and obstructive sleep apnea are inadequate due to a lack of information regarding baseline levels of severity and opinions on aggravation. The Veteran's service connection claims for these conditions are being remanded for further development.

The Board has found that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected psychiatric disability, specifically obsessive-compulsive disorder and insomnia disorder with alcohol use disorder. The decision grants service connection for OSA as secondary to these conditions.

The Board has granted an effective date of December 18, 2018 for the award of service connection for OSA and denied a separate evaluation for RAD. The Veteran's OSA is rated at 50% since this date.

The Board has remanded the case due to a duty-to-assist error, requiring an opinion on whether the Veteran's service-connected disabilities caused or aggravated his weight gain and if that contributed to his sleep apnea.

The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's service-connected PTSD with alcohol use disorder and associated morbid obesity.

The Board has decided to remand the claim of service connection for obstructive sleep apnea (OSA) as secondary to PTSD, with obesity as an intermediary step. The decision is based on a lack of adequate medical examination and opinion regarding the relationship between OSA, PTSD, and obesity.

The Board has determined that the Veteran's obstructive sleep apnea may be related to his service, particularly given his participation in a TERA. The claim is remanded for further examination and opinion regarding the etiology of his condition.

The Veteran's claims for service connection for erectile dysfunction, a left arm tremor, tick bites on the lower legs, asthma, hypertension, and sleep apnea have been denied. The Board has found that there is no evidence of current diagnoses or in-service incurrence of these conditions.

The Board has determined that there was a duty to assist error in the prior rating decision and remanded the case for further development. The Veteran's obstructive sleep apnea is currently service-connected, but the Board finds the VA examiner's opinion inadequate and requires an addendum.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) due to the finding that it is at least as likely as not caused by the Veteran's obesity, which was a substantial factor in developing OSA. The obesity is linked to his service-connected bilateral knee disability.

The Board has granted service connection for lipomas and denied service connection for cataracts, left elbow condition, right hip disability, OSA, left knee condition, lymphoma (except Hodgkin's disease), right elbow condition, and right knee condition. Service connection was not established for sickle cell anemia.

The Board has granted service connection for tension headaches as secondary to service-connected tinnitus. The claim for sleep apnea is remanded due to a duty to assist error.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected Generalized Anxiety Disorder (GAD), resolving all reasonable doubt in favor of the Veteran.

The Board has granted the restoration of ratings for major depressive disorder with anxious distress, right and left lower extremity radiculopathy, and IVDS to their previous levels. Service connection for obstructive sleep apnea was also established.

The Veteran's claim for service connection for PTSD is granted. The Board also remanded the issue of service connection for OSA, to include as secondary to PTSD.

The Veteran's claims for clothing allowances for calendar years 2020 and 2021 are being remanded due to the need for additional information regarding his prior clothing allowance approvals, specifically related to back braces.