Sleep apnea decisions — 2024

The Board has determined that the current medical opinion is inadequate and requires further examination to determine if any of the identified respiratory disorders are related to or had its onset in service, and whether they were caused by or aggravated by a service-connected disability.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected diabetes. The VA needs to provide an adequate opinion on both direct and secondary service connection.

The appeal for an earlier effective date for COPD is dismissed as the NOD was untimely filed.,New and material evidence has been received to reopen claims of service connection for bilateral hearing loss, tinnitus, sleep apnea, an acquired psychiatric and/or cognitive disorder, and bilateral vision loss. These claims are REMANDED for further development.,The appeal for service connection for bilateral hearing loss, tinnitus, sleep apnea, an acquired psychiatric and/or cognitive disorder, and bilateral vision loss is REMANDED as new and material evidence has been received to reopen the claims.,Service connection for COPD remains denied. The claim is REMANDED due to the presence of new and material evidence regarding secondary service connection.,The appeal for a rating in excess of 30 percent for COPD, TDIU, and SMC based on need for aid and attendance or housebound status is REMANDED.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected disabilities, including post-concussive headaches, unspecified trauma and stressor related disorder with situational phobias, and TBI. The VA examiner must provide an addendum opinion addressing these issues.

The Board has decided to remand the case due to a failure of duty to assist based on an inadequate examination, specifically regarding the relationship between sleep apnea and PTSD. The examiner is required to provide opinions on whether sleep apnea was aggravated by PTSD and if it was caused by toxic exposure in service.

The Veteran's service-connected migraines are now rated at 50 percent, effective November 7, 2021.,The Veteran's service-connected IBS is now rated at 30 percent, effective November 7, 2021.

The Board denied service connection for lymphadenitis, sleep apnea, Barrett's esophagus, tinea corporis, seizures disorder, neuropathy and neuromyelitis, and type II diabetes mellitus due to lack of evidence showing an in-service event or disease.,The Veteran did not provide sufficient evidence to support his assertions that these conditions were related to service, including exposure to radiation or heavy lifting.

The Veteran's claim for a disability rating of 30 percent disabling, but no higher, for service-connected chronic left ankle instability with degenerative arthritis is granted. The claims for service connection for obstructive sleep apnea and entitlement to a disability rating in excess of 10 percent for duodenal ulcer are remanded due to outstanding private medical records.

The Board has dismissed the appeals regarding whether new and relevant evidence has been submitted for entitlement to service connection for various disabilities, including left ankle, right ankle, left knee, right knee, back, neck, obstructive sleep apnea, and traumatic brain injury (TBI)/concussion. The decision does not affect the Veteran's HLR.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms had their onset during active duty service and are related to his military service.

The Board has granted service connection for a psychiatric disability, obstructive sleep apnea (OSA), headaches as secondary to service-connected tinnitus, and insomnia due to service-connected disabilities. The decision is based on the Veteran's reported symptoms and diagnoses provided by medical professionals.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a nexus between the condition and his military service or any related conditions.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not caused by or aggravated by his service-connected arthritis of the lumbosacral spine and resulting obesity.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to service or secondary to his service-connected PTSD.

The Board has denied a rating in excess of 10 percent for the Veteran's service-connected back disability and has remanded to determine appropriate ratings for lower extremity radiculopathy.

The Veteran's PTSD with other specified depressive disorder was granted a 70 percent rating effective November 22, 2021.

The Board has denied an increased rating for bilateral pes planus and remanded the issues of service connection for left foot, right foot, sleep apnea, left hip, right hip, tooth condition, and left shoulder conditions.,Additional examinations are needed to address pre-decisional duty to assist errors in the claims for service connection for left foot, right foot, and left shoulder conditions.

The Board has granted the Veteran's claim for service connection for a lumbosacral strain, finding that his current condition is at least as likely as not related to an in-service injury during active duty.

The Board denied the Veteran's claims for service connection for a sleep disability, to include sleep apnea, and an initial compensable disability rating for pseudofolliculitis barbae.

The Veteran is granted an effective date of September 24, 2018 for his total disability rating based on individual unemployability (TDIU) due to a combination of service-connected disabilities.