Sleep apnea decisions — 2024

Your appeal for service connection for obstructive sleep apnea has been dismissed because the Veteran died during the appeal process.

The Board has decided to remand the claim of service connection for sleep apnea as secondary to lumbar degenerative disc, degenerative arthritis of the spine due to a pre-decisional duty to assist error. The Veteran's claim will be reconsidered with an examination and addendum opinion.

The Board has determined that the VA examination and opinion regarding service connection for OSA as secondary to PTSD and MDD are inadequate. The matter is being remanded for further development.

The Board has denied service connection for hypertension and sleep apnea, but has remanded the claims for a left knee disability, right knee disability (claimed as secondary to a left knee disability), and lumbar spine disability (claimed as secondary to a left knee disability).

The Veteran's claim for a compensable rating for anemia (unspecified) was denied. The Board found that the evidence did not meet the criteria for a compensable rating under DC 7720.,The Veteran's claims for service connection for obstructive sleep apnea, back condition, and tinnitus were remanded due to duty-to-assist errors.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a medical opinion regarding potential exposure to toxic substances during his service in the Southwest Asia theater of operations and whether his service-connected psychiatric disability aggravated his obesity, which may have caused or exacerbated his current mild positional sleep apnea.

The Veteran's initial rating for migraine headaches has been granted at a 50 percent, but no higher. The Veteran's back disability remains remanded due to inadequate examination.

The Board has determined that there was a pre-decisional duty to assist error and the case is being remanded for an additional medical opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Veteran's disability ratings for PTSD and lumbosacral strain were restored to their previous levels.,The Veteran's entitlement to SMC was restored based on her service-connected disabilities.

The Veteran withdrew his appeals regarding sleep apnea, anxiety condition, ringing in ears, and right ankle condition.

The Veteran's claims for service connection for a chronic sleep disorder, including obstructive sleep apnea, and tinnitus are remanded due to insufficient evidence in the record.

The Veteran's lumbosacral strain with degenerative arthritis is granted a 40% rating, but no higher. The ratings for left hip strain (limitation of flexion) and right hip strain (limitation of extension) are denied. Right lateral collateral ligament sprain remains remanded.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of August 2, 2008, the day following his separation from active duty.

The Board has decided to remand the case due to an error in providing notice of a pre-decisional hearing prior to issuing the initial decision on appeal.

The Board has remanded the cases due to a pre-decisional duty to assist error, requiring additional VA medical opinions on whether the Veteran's current hypertension, sleep apnea, and prostate disability are secondary to his service-connected PTSD.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset in service and is not otherwise causally related to disease or injury in service. The Board also found no causal relationship between the Veteran's sleep apnea and her service-connected tinnitus.

The Board has granted service connection for intervertebral disc syndrome (IVDS) with lumbosacral strain, right lower extremity radiculopathy as secondary to IVDS with lumbosacral strain, left lower extremity radiculopathy as secondary to IVDS with lumbosacral strain, and left hip impingement syndrome. Service connection for right thumb digital nerve lesion is also granted. The Veteran's tinnitus has been rated at 10 percent.

The Board has determined that the Veteran does not have a current diagnosis of left or right lower extremity nerve damage disabilities, and therefore service connection for these conditions is denied.

The Board has remanded the claims for further development due to insufficient evidence regarding the etiology of the Veteran's claimed conditions, including OSA, throat condition, and sinus condition. The AOJ is required to provide a VA examination with an opinion on whether these conditions are related to service, particularly considering the Veteran's in-service exposure to burn pits.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected depressive disorder, finding that obesity serves as an 'intermediate step' between these conditions and contributing to the Veteran's OSA.