Sleep apnea decisions — 2024

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

The Veteran's service connection claim for DMII was granted effective April 11, 2020. The initial evaluations for lumbosacral strain and left knee pain were denied. The Veteran's peripheral neuropathy disabilities are rated at 20 percent each since April 24, 2021.

The Veteran's claim for an increased rating for obstructive sleep apnea is being remanded due to a duty to assist error. A new VA examination is needed to determine the current severity of his service-connected condition.

The Board has granted service connection for OSA, finding that it is at least as likely as not caused by the Veteran's obesity due to his service-connected PTSD.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's sleep apnea was aggravated by his service-connected PTSD or degenerative arthritis of the thoracolumbar spine, and obesity. The AOJ is instructed to obtain a new opinion addressing these issues.

The Veteran's claim for an increased evaluation of Persistent Depressive Disorder with Alcohol Use Disorder and Cannabis Use Disorder was denied. The Board found that the evidence did not show occupational and social impairment with deficiencies in most areas, warranting a higher rating than 50 percent. Service connection for Obstructive Sleep Apnea was granted.

The Board has determined that the decision denying eligibility for PCAFC is not clear and does not provide adequate reasons or bases. The Veteran's service-connected conditions, including PTSD, major depressive disorder with generalized anxiety disorder, sleep apnea, gastroesophageal reflux disease (GERD) with irritable bowel syndrome (IBS), tension headache, left shoulder labral tear, wrist tendinitis, fibromyalgia, lumbosacral strain, knee pain, plantar fasciitis, tinnitus, TMJ capsulitis, dry eye syndrome, allergic rhinitis, scars, and psoriasis are considered. The Board has ordered remand to clarify the reason for denial and provide proper notice.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability as due to his service-connected left knee PFPS with meniscal tear or right knee PFPS (limitation of flexion), finding that these conditions did not cause or contribute to his current lumbosacral spine disability.

The Board has decided to remand the claims for hypertension, sleep apnea, and psoriasis as secondary to service-connected bipolar disorder and panic disorder due to errors in duty to assist.

The Board has determined that the Veteran's obstructive sleep apnea began during his active service and is therefore granted as a result of direct service connection.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected PTSD, and therefore remands for further examination and analysis.

The Veteran's OSA is caused and/or aggravated by his service-connected depressive disorder and disabilities of the right hip, shoulders, spine, right ankle, and right thigh. The Board has granted service connection for OSA on a secondary basis.

The reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent, effective December 15, 2021, was improper and restoration of the 20 percent rating is granted. The claims for service connection for diabetes mellitus type II, hypertension, IBS, and left hip disabilities are remanded.

The Veteran's appeal for service connection for sleep apnea as secondary to an acquired psychiatric condition, including depression, is dismissed due to the Veteran's death.

The Veteran's TDIU claim is granted effective February 11, 2011. Basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status is also granted from the same date. The appeal concerning increased ratings for left knee instability prior to January 23, 2023, and left knee post-traumatic arthritis with moderate residuals is dismissed.

The Board has determined that the VA medical opinions are inadequate for adjudicative purposes regarding both the causation and aggravation prongs of secondary service connection. The appeal is being remanded to obtain an addendum opinion addressing these issues.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective August 15, 2022. The case has been remanded for further development.

The Board has denied the Veteran's claims for service connection for right foot plantar fasciitis, left foot plantar fasciitis, obstructive sleep apnea, skin rash, and low back disability. The VA examiners found no evidence of these conditions during or after service.,There is no medical evidence linking any of the claimed conditions to military service.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no credible evidence linking his current condition to his military service.

The Board has remanded the case due to a duty-to-assist error and needs further examination to determine if the Veteran's respiratory symptoms are separate from his service-connected conditions or if they are related to military service.