Sleep apnea decisions — 2024

The Board has remanded the claim of service connection for central sleep apnea due to a duty-to-assist error in failing to provide an adequate medical examination. The Veteran's current sleep apnea disability is being considered as directly related to military service or secondary to his service-connected bilateral knee disabilities.

The Board has granted service connection for Obstructive Sleep Apnea and assigned a 50% rating. Service connection for Chronic Fatigue Syndrome is denied.

Your appeal for service connection for lumbosacral strain, claimed as low back pain, has been dismissed because your Notice of Disagreement was not filed in a timely manner.

The Board has remanded the cases for further development and examination. The Veteran's claims of service connection for asbestosis, lumbosacral strain, left knee strain, and right knee strain are pending.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to service, granting his claim for service connection.

The Board has determined that the Veteran's sleep apnea is proximately due to, the result of, or aggravated by his service-connected PTSD. Therefore, the claim for service connection for sleep apnea is granted.

The Veteran's claims for an effective date earlier than March 4, 2022, for the grant of service connection for adjustment disorder with mixed anxiety and depressed mood and lumbosacral strain have been denied.,The Veteran's claims for initial disability ratings in excess of 50 percent for adjustment disorder with mixed anxiety and depressed mood and 20 percent for lumbosacral strain have also been denied.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to a duty to assist error. The Veteran contends that his obesity, caused by his service-connected cervical spine disability, is the cause of his sleep apnea.

The Veteran's claim for service connection for various back conditions, including degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and a surgical scar is granted effective from April 22, 2015. The decision also grants service connection for left lower extremity radiculopathy.

The Veteran's obstructive sleep apnea is due to his service-connected fibromyalgia and unspecified depressive disorder with anxious distress and alcohol use disorder, which caused weight gain that led to the development of obstructive sleep apnea. The Board has granted service connection for this condition as secondary to his service-connected disabilities.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected depressive disorder.

The Veteran's claims for service connection are being remanded due to the submission of new and relevant evidence. The AOJ will consider this evidence in their review.

The Board has remanded the case due to errors in duty to assist and a need for another VA medical opinion. The Veteran's obstructive sleep apnea is being considered based on his service-connected TBI, but the examiner must also consider his total potential exposure through all applicable military deployments and the synergistic effect of all TERAs.

The Veteran's claim for an initial rating greater than 10 percent for costochondritis has been denied. The Board has also remanded the issue of service connection for a back condition due to incomplete development of the Veteran's service treatment records and the need for a VA opinion on the etiology of his claimed back condition.

The Veteran was found to be precluded from securing and following substantially gainful employment due to service-connected PTSD since March 16, 2021. The Board granted an effective date of March 17, 2021 for the TDIU award.

The Veteran's discharge was due to service-connected PTSD, meeting the eligibility criteria for Chapter 33 educational assistance benefits.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since June 2014.,The Board finds that the combination of multiple disabilities, including sleep apnea, coronary artery disease, and lumbar condition with radiculopathy, has prevented the Veteran from securing and maintaining a substantially gainful occupation.

The Veteran's fibrocystic breast disease and obstructive sleep apnea (OSA) are granted with effective dates of January 2, 2014. The Veteran is awarded a 10 percent rating for her fibrocystic breast disease, which was previously rated as noncompensable. Her OSA remains at the earliest date possible under VA regulations.

The Board has decided to remand the case due to insufficient consideration of both direct and secondary service connection for obstructive sleep apnea, as well as inadequate consideration of aggravation by a service-connected condition. The Veteran's claim will be reconsidered with additional evidence and an updated medical opinion.

The Board has granted service connection for the Veteran's OSA, finding that it is proximately due to his service-connected PTSD and/or GERD.