Sleep apnea decisions — 2024

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to his service-connected disabilities with obesity as an intermediate step.

The Board has decided to remand the case due to a duty to assist error, and now requires additional medical opinions on service connection for sleep disorders.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. However, the Veteran's PTSD remains at a 70 percent rating and does not warrant an increase.

The Board has remanded the Veteran's claims for service connection for lumbar strain, allergic rhinitis, sinusitis, and obstructive sleep apnea due to a failure to provide a VA examination addressing the Veteran's lay contentions.

The Veteran's claims for service connection for obstructive sleep apnea and a separate compensable disability rating for headaches secondary to hypertension are remanded due to incomplete VA treatment records and the need for additional medical opinions.

The Veteran's appeal seeking service connection for PTSD and sleep apnea as secondary to tinnitus has been dismissed due to the withdrawal of his appeal by his attorney.

The Board has determined that a VA medical examination is needed to determine if the Veteran's obstructive sleep apnea disability is related to service and whether it is caused by or worsened by any service-connected disabilities.

The Board remands the claim for service connection of obstructive sleep apnea to include as secondary to major depressive disorder and tinnitus with obesity due to a lack of development.

The Board has granted service connection for obstructive sleep apnea, finding that it is secondary to the Veteran's service-connected depressive disorder due to obesity.

The Veteran's lumbosacral strain and lumbar radiculopathy of the right and left lower extremities are granted as secondary to his service-connected bilateral knee degenerative joint disease.

The Veteran's claims for increased ratings for left knee strain, lumbosacral strain, and unspecified anxiety disorder were denied. The Board found that the evidence did not support a higher rating for any of these conditions.

The Board has determined that the VA did not provide an adequate medical opinion regarding the Veteran's service connection claim for OSA. The case is being remanded to obtain a new opinion from a qualified clinician who should consider the Veteran's participation in toxic exposure risk activities and address whether his OSA is related to his military service, including toxic exposure therein.

The appeal of the entitlement to service connection for sleep apnea was dismissed due to untimely filing of a Notice of Disagreement.

The Board has decided to remand the case due to a lack of VA examination regarding the Veteran's claimed sleep apnea, which is presumed to be related to his service at Camp Lejeune. The AOJ needs to schedule an appropriate VA examination and consider all potential exposures.

The Board granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD based on a medical opinion that found the Veteran's weight gain and obesity were caused by his PTSD, which in turn led to his sleep apnea.

The Board has granted service connection for erectile dysfunction and obstructive sleep apnea, finding that these conditions are proximately due to the Veteran's service-connected disabilities.

The Board has decided to remand the Veteran's claims for service connection for obstructive sleep apnea and hypertension due to duty-to-assist errors. The VA Regional Office is required to obtain evidence of asbestos exposure, as well as opinions on the etiology of the Veteran's sleep apnea and hypertension in relation to his obesity and service-connected musculoskeletal disabilities.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea, as it is related to his service-connected disabilities and may be aggravated by them.

The Board has remanded the claims of service connection for a bilateral knee disability, left shoulder disability, hypertension, and sleep disability due to duty-to-assist errors. Service connection is granted for allergic rhinitis.

The Board has decided to remand the case due to insufficient evidence regarding the cause of the Veteran's sleep apnea, specifically whether it is related to his active service or PTSD.