Sleep apnea decisions — 2024

Service connection is granted for lumbosacral spondylosis, but the claim of service connection for erectile dysfunction is remanded due to insufficient evidence.

The Board has determined that the VA examination and medical opinions provided are inadequate, as they did not consider the Veteran's lay statements regarding his symptoms. The claims for service connection for bilateral knee chondromalacia and lumbosacral strain are being remanded to allow for further development.

The Veteran's PTSD is granted an increased rating of 70 percent, but not higher. Service connection for OSA is denied.

The Veteran's OSA is remanded for further examination and opinion regarding its relationship to his service-connected asthma and exposure to toxic substances during service.

The Board has decided to remand the Veteran's claim for service connection of obstructive sleep apnea due to exposure to hazardous toxins during his service in Afghanistan. The PACT Act requires a disability examination and medical opinion be requested for certain non-presumptive conditions involving toxic exposure risk activities (TERA).

The Board denied an initial rating in excess of 50 percent for obstructive sleep apnea and granted a 10 percent initial rating for allergic rhinitis, while remanding the claim for a compensable rating for sinusitis.

The Veteran's claim for service connection for migraine headaches is granted. The claim for service connection for sleep apnea is denied.

The Board has remanded all previously denied claims for service connection due to the submission of new and relevant evidence, except for the claim for obstructive sleep apnea. The Veteran's right and left foot disabilities are being examined again as there may be a link to his in-service activities. The examiner must also consider whether the Veteran's obstructive sleep apnea is related to or aggravated by service-connected PTSD or due to toxic exposure risk activity (TERA).

The Veteran's service connection claims for obstructive sleep apnea, residuals of a head injury (including traumatic brain injury), and acquired psychiatric disorder (including mood disorder and depression) are being remanded due to the need for additional medical examinations.,For the claim regarding residuals of a head injury, including residuals of a traumatic brain injury, a VA examination is needed to determine if the Veteran has any current residuals related to in-service boxing and motor vehicle accident injuries.

The Board has dismissed the AMA appeal for service connection of OSA due to procedural issues, and the issue will be addressed in a separate legacy docket.

The Board has granted an effective date of October 10, 2013 for the addition of the Veteran's spouse as his dependent to his award of VA disability compensation. The issue of whether the debt in the amount of $19,696.58 was properly created and is valid remains pending and will be remanded.

The Board has granted service connection for a right ankle sprain, but the claims for acquired psychiatric disorder (to include PTSD), back disorder, and sleep apnea are remanded due to insufficient evidence.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current disability began during active service and resolving all doubt in his favor.

The Veteran's lumbosacral strain claim is being remanded for a new examination to assess the current severity of his condition, as the previous VA examinations did not adequately consider his reported flare-ups.

The Board has granted service connection for cervical and lumbosacral strains, finding that the Veteran's current disabilities are related to injuries sustained during his military service.

The Veteran's obstructive sleep apnea is found to be proximately due to his service-connected diabetes mellitus, type II, and related diabetic peripheral neuropathy of the right and left lower extremities, with obesity as an intermediate step. As a result, service connection for obstructive sleep apnea is granted.

The Veteran's claim for an effective date of August 26, 2009, for the award of service connection for unspecified mental disorder due to another medical condition is granted.,Service connection for sleep apnea is denied.

The Board has remanded the Veteran's claims for service connection due to new and relevant evidence submitted, including testimony regarding an in-service injury. The claims are being remanded to obtain STRs and a VA examination to address the nature and etiology of his obstructive sleep apnea.

The appeal for service connection of obstructive sleep apnea is dismissed due to the Veteran's death.

The Veteran's claims for increased ratings and service connection are remanded due to missing VA examinations, outstanding VA treatment records, and the need for additional medical opinions regarding his conditions.