Sleep apnea decisions — 2024

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Veteran's appeals for PTSD, a higher rating for PTSD, and Sleep Apnea have been dismissed due to his death.

The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected disabilities.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for right shoulder condition, skin blisters disability, headaches disability, sleep apnea disability, and sinusitis. The claims are being remanded due to insufficient medical opinions regarding the relationship between these conditions and service.

The Board has decided to remand the claim of service connection for obstructive sleep apnea (OSA), including its secondary relationship to service-connected tinnitus and posttraumatic stress disorder (PTSD). The Veteran's OSA is being examined again, this time with a focus on whether it was caused or aggravated by his service-connected PTSD and tinnitus. Additionally, the examiner must consider the total potential exposure through all applicable deployments and the synergistic combined effect of all toxic exposure risk activities.

The Board remands the issue of service connection for obstructive sleep apnea to obtain a medical opinion regarding whether it is secondary to the Veteran's service-connected PTSD.

The Veteran's appeal for service connection for insomnia disorder and sleep apnea has been dismissed as the Veteran withdrew his appeal through his attorney representative.

The Board remands the claims for an increased rating and service connection due to pre-decisional duty to assist errors, requiring additional medical examinations and opinions.

The Board denied the Veteran's claim for an increased rating for service-connected lumbosacral strain, effective October 19, 2021.

The Board has granted service connection for tinnitus and lumbosacral spine degenerative arthritis, finding that the Veteran's conditions are related to his military service. The decision is based on direct evidence rather than a presumption or secondary service connection.

The Veteran's appeal for a higher rating for his service-connected obstructive sleep apnea with asthma was denied. The Board found that the predominant disability is OSA, which warrants a 50 percent rating under DC 6847. Asthma does not warrant a separate rating as it has been stable and does not meet criteria for a higher rating.

The Board has decided to remand the claim of service connection for obstructive sleep apnea (OSA) secondary to a service-connected disability due to a pre-decisional duty-to-assist error in failing to provide an adequate examination. The Veteran's OSA is related to his obesity, which may be aggravated by his service-connected asthma condition.

The Board has decided to remand the case due to a duty to assist error, specifically failing to obtain a medical opinion regarding whether the Veteran's pre-existing sleep apnea was aggravated by service. The case is now being sent back for further examination and an opinion.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's claimed sleep apnea, as there was a pre-decisional duty to assist error in denying the claim.

The Veteran's service-connected disabilities, including persistent depressive disorder, diabetes mellitus type II, obstructive sleep apnea, erectile dysfunction, and bilateral hearing loss, rendered him unable to secure and follow a substantially gainful occupation. The Board granted the TDIU claim based on these conditions.

The Board has determined that the evidence is insufficient to resolve whether the Veteran's service-connected other specified trauma and stressor related disorder caused or aggravated his obesity, which in turn led to his obstructive sleep apnea. The case is being remanded for further clarification of this issue.

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

The Veteran's disability ratings for migraine, irritable bowel syndrome (IBS) with gastroesophageal reflux disease (GERD), epilepsy with recurrent seizures, posttraumatic stress disorder (PTSD), lumbosacral strain, and temporomandibular joint (TMJ) syndrome were improperly reduced to noncompensable effective January 1, 2023. The ratings are restored.

The Veteran's appeal is remanded for further development regarding service connection claims for hypertension, GERD, OSA, a respiratory/lung disorder, and RLS.

The Veteran's disability rating for his back condition was reduced from 20 percent to 10 percent, effective May 27, 2022. The reduction is now reinstated.