Sleep apnea decisions — 2024

The appeal for service connection for obstructive sleep apnea has been dismissed as the Veteran withdrew their appeal.

The Board has determined that there are duty to assist errors in the prior decision and remands the case for further development.

The Veteran's claims for service connection of sleep apnea, gastroesophageal reflux disease (GERD), and right hand ulnar nerve damage are remanded due to the need for additional medical opinions regarding potential exposure to toxic substances during service under the PACT Act.

The Board denied service connection for sleep apnea as the Veteran did not have a current diagnosis of the condition and there was no in-service incurrence or aggravation.

The Veteran's claim for a rating in excess of 30 percent for unspecified anxiety disorder effective May 1, 2022 is denied.,Service connection for headaches secondary to tinnitus is denied. The Veteran does not have a present diagnosis for this condition.

The Board has remanded the claims of service connection for erectile dysfunction, headaches, and obstructive sleep apnea due to a duty to assist error. Additional medical examinations are needed to determine if these conditions were incurred in or related to service.

The Board has denied service connection for bilateral shin splints and remanded the issue of service connection for obstructive sleep apnea (OSA). The Veteran's claims are not supported by evidence showing a current disability or in-service incurrence.

The Board has granted service connection for OSA as secondary to PTSD on an aggravation basis, finding that the Veteran's PTSD aggravated his diagnosed OSA.

The Veteran's claim for service connection for a lumbar spine condition was denied in September 1987, and the decision became final. The Veteran submitted a new claim to reopen this issue on December 20, 2019, which resulted in the grant of service connection effective from December 20, 2019. An earlier effective date is not warranted.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected residuals of traumatic deviated septum with rhinitis and chronic sinusitis, finding that the evidence is at least in approximate balance regarding this claim.

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

The Board has determined that the Veteran's obstructive sleep apnea disability is secondary to his service-connected PTSD with delayed expression, and thus grants service connection for this condition.

The Board has determined that the VA examinations for the lumbosacral disability were inadequate and remanded. The Veteran's claims for service connection of bilateral feet, ankles, and knees are also remanded due to inadequate VA opinions regarding functional impairment.

The Board has found the VA examination inadequate for adjudication purposes and has ordered a remand to obtain an adequate medical opinion regarding the etiology of the Veteran's sleep apnea condition.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD with alcohol use disorder, finding that obesity served as an intermediate step between his currently diagnosed OSA and the service-connected PTSD.

The Veteran's claim for an earlier effective date for service connection of OSA was denied as the earliest date of receipt of a formal or informal claim following the previous final denial is October 13, 2020.

The Veteran's PTSD is rated at a 70 percent rating, effective March 3, 2021.,An initial 50 percent rating for migraines is granted, effective March 3, 2021.,Service connection for OSA and right knee disability are both granted. The right knee service connection decision was remanded.,The appeal of a duty to assist error during higher-level review (HLR) for the right knee disability is dismissed.,An earlier effective date than March 3, 2021, for the grant of service connection for migraines is denied.

The Board has determined that the evidence is in equipoise, and thus service connection for obstructive sleep apnea (OSA) is granted.

The Veteran's claim for an earlier effective date for service connection of Obstructive Sleep Apnea (OSA) is denied as there was no formal or informal claim seeking OSA prior to the October 1, 2014 claim.

The Board has found a remand is warranted due to the AOJ's failure to obtain a medical examination and opinion regarding the Veteran's claimed obstructive sleep apnea. The claim will be reconsidered with this information.