Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for service connection for back pain, hypertension, shortness of breath, and sleep apnea due to potential exposure to burn pits during his deployment in Afghanistan. The Veteran is required to undergo a VA examination to determine if these conditions are related to his military service.

The Veteran's claim for service connection for obstructive sleep apnea is dismissed.,Service connection for a sleep disorder other than OSA, and diabetes are both denied. The Veteran also has an effective date granted for TDIU and Dependents' Educational Assistance eligibility.

The Veteran's claims for service connection for diabetes mellitus type II and obstructive sleep apnea were denied as there was no evidence of onset in service or within one year following discharge, and the conditions are not shown to be related to service. The Board also found that the Veteran did not meet the criteria for an effective date earlier than March 22, 2021, for the grant of service connection for an acquired psychiatric disorder, ED, or TDIU.

The Veteran's claims for increased disability rating, service connection for breathing problems and RLE neuropathy, and TDIU are remanded due to the need for additional VA treatment records and a VA toxic exposure risk activity (TERA) opinion.

The Veteran's service connection claims for various musculoskeletal and gastrointestinal conditions are granted. The claim for obstructive sleep apnea is denied.

The Board has remanded the claims for left foot pes planus and sleep apnea due to inadequate duty to assist in finding the VA examination adequate, and insufficient evidence to decide the cases.

The Board denied the Veteran's claim for a rating in excess of 20 percent for his service-connected degenerative disc disease of the lumbosacral spine, finding that his condition was consistent with no higher than a 20 percent rating throughout the appeal period.

The Veteran's obstructive sleep apnea was granted service connection as it is considered a direct result of his military service.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected hypertension.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition is secondary to his service-connected sinusitis disability and obesity as an intermediate step.

The appeal of the proposal to reduce the disability rating for service-connected PTSD from 70 percent disabling to 50 percent is dismissed. The Veteran's claim for shortness of breath and sleep apnea due to service connection is remanded.

The Veteran's sleep apnea is granted as service-connected. The claims for psychiatric disability, right shoulder, left wrist, and low back disabilities are remanded due to insufficient evidence.

The Veteran's appeals for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for right cubital tunnel syndrome or service connection for respiratory disorder, sleep apnea, or headache disability.

The Board has granted service connection for sleep apnea, finding that the Veteran's current disability had its onset in service and resolving reasonable doubt in his favor.

The Board has granted service connection for OSA on a direct basis due to hazardous environmental toxic exposure during the Veteran's Southwest Asia theater of operations.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to May 2, 2019 was denied as the evidence did not show that he could not secure or follow substantially gainful employment due to his service-connected conditions.

The Board has remanded the claims for service connection due to incomplete records and inadequate medical opinions. The appellant's right shoulder and hip disabilities may be related to her Reserve service, but more evidence is needed. Her sleep apnea claim includes PTSD as a contributing factor. Heart disability diagnoses are unclear, and further examination is required.

The Board has decided to remand the case due to an inadequate VA examination, and a new opinion is needed regarding whether the Veteran's obstructive sleep apnea had its onset in or is otherwise related to service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected tinnitus caused or aggravated his obstructive sleep apnea, and if so, whether it was related to Gulf War exposure.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no credible evidence of an in-service event or disease related to sleep apnea and insufficient competent medical evidence linking it to service.