Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depressive disorder due to chronic pain syndrome with major depressive like episodes and bilateral pes planus. The decision is based on evidence showing that the Veteran's obstructive sleep apnea was caused by his service-connected conditions.

The Board has decided to remand the claim for sleep apnea due to a failure to notify the Veteran of a scheduled VA examination. The examiner will need to determine if the sleep apnea is related to service, including toxic exposure, or any other service-connected conditions.

The Board has determined that there is no evidence of a current right or left knee disability, and the Veteran's claims for these conditions are denied.,The Board has also determined that there is no evidence of a current left knee disability, and the Veteran's claim for this condition is denied.

The Veteran's sleep apnea disability is determined to have begun during active service, and the Board has granted service connection for this condition.

The Veteran's sleep apnea is granted as secondary to her service-connected posttraumatic disorder (PTSD), with obesity acting as an intermediate step.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected allergies and chronic sinusitis.

The Board has remanded the case due to insufficient evidence regarding the onset of the Veteran's OSA and its relationship to his service. The VA needs to obtain additional information about the dates of active duty training and clarify whether any symptoms reported by witnesses are related to service.

The Board has remanded the case due to insufficient reasoning in the March 2023 decision regarding the Veteran's service connection claim for OSA. The Court found that the Board improperly relied on medical opinions and ordered a new VA medical opinion.

The Veteran's right and left great toe osteoarthritis, as well as his sleep apnea, are granted. The Veteran's right knee disability is restored to a 20% rating from June 1, 2018, after the reduction was found improper.

The Veteran's appeal for an increased evaluation in excess of 70 percent for PTSD is denied. The rating reduction from 20 percent to 10 percent for lumbosacral spine strain, effective March 23, 2022 was not proper; the 20 percent rating is restored.

The Veteran's obstructive sleep apnea is caused by his service-connected posttraumatic stress disorder, and the Board has granted service connection for this condition on a secondary basis.

The Veteran's service-connected lumbosacral strain with narrowing L4-L5 disc space, radiculopathy sciatic nerve, gastroesophageal reflux disorder, and rhinitis are found to have caused or aggravated the Veteran's obstructive sleep apnea (OSA). As a result, the Board has granted service connection for OSA as secondary to these pre-existing conditions.

The Board dismissed the Veteran's appeal regarding the timeliness of the May 28, 2021, HLR appeal for earlier effective dates on the merits as there is no longer a claim in controversy.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected residuals of a fractured nose.

The Board has decided to remand the case due to errors in duty to assist, and requires a new VA examination to determine if the Veteran's OSA is related to service or aggravated by his service-connected conditions.

The Veteran's service-connected disabilities, including major depressive disorder, bilateral hearing loss, tinnitus, and obstructive sleep apnea, render him unable to secure or follow a substantially gainful occupation. As such, the Board has granted TDIU effective from April 5, 2019.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD. The March 2022 private opinion from Dr. T.F., Psy.D., provided a thorough rationale linking the Veteran's sleep apnea to his PTSD.

The Board has remanded the Veteran's claims for sleep apnea syndrome and right eye disorder due to a lack of proper consideration of evidence, including the Veteran's wife's statements regarding his symptoms. The VA examiner is requested to provide an addendum opinion addressing the etiology of the Veteran's sleep apnea and any other diagnosed conditions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions did not prevent her from securing and following substantially gainful employment.

The Veteran's claim for service connection of obstructive sleep apnea was granted with an effective date of November 24, 2017. The Board found that the Veteran has continuously pursued this claim since November 14, 2017.