Sleep apnea decisions — 2024

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and chondromalacia patella of the right knee due to insufficient examination reports and incomplete development of records.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) due to its secondary nature, as it is related to the Veteran's service-connected disabilities. The VA examiner was asked to provide an opinion on whether OSA is caused by or aggravated by his deviated septum, left and right shoulder, or long thoracic nerve palsy.

The Board has determined that there was a duty to assist error in obtaining an addendum opinion regarding the relationship between the Veteran's service-connected PTSD and his obesity, which is a substantial factor in causing or aggravating his obstructive sleep apnea (OSA). The Veteran should be provided with an opportunity to submit the December 2019 private nexus opinion by Gina Uri. An appropriate VA examiner will then provide an addendum opinion addressing whether it is at least as likely as not that PTSD caused or aggravated obesity, and if so, whether such resulting obesity was a substantial factor in causing or aggravating OSA.

The Board has granted service connection for lumbosacral strain and right hip strain as due to the Veteran's service-connected right knee osteoarthritis with meniscectomy residuals and status post knee replacement. The Veteran was previously denied increased ratings for his right knee disability, but these claims are now remanded.

The Board remands the issues for further development, including obtaining additional medical evidence and examinations to address the Veteran's claims.

The Board has determined that the claims for service connection for bilateral hearing loss, obstructive sleep apnea, and migraines need further development due to incomplete compliance with prior remand directives.

The Board has remanded the case due to an error in not addressing a theory of entitlement related to the Veteran's service-connected mental disability and its impact on his sleep apnea. The claim will be reconsidered with additional evidence and medical opinions.

The Board has remanded the case due to incomplete records and lack of information regarding the Veteran's employment history, which is necessary for a proper determination of his eligibility for TDIU.

The Board has granted service connection for hypertension and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD).

The Veteran's appeals for service connection for respiratory complaints, low back condition, sleep apnea, and sleep disturbances are dismissed. The appeal for TBI is remanded.

The Board granted service connection for lumbosacral strain, left middle finger strain, right knee patellofemoral pain syndrome, left knee pain with functional impairment, and right and left ankle pain with functional impairment. The claims for a left shoulder disability, stomach disability, and an anxiety disorder were denied or remanded.

The appeal for service connection for kidney disease was withdrawn by the Veteran, and the claims for increased ratings for obstructive sleep apnea (OSA) and bilateral hearing loss were denied.

The Veteran's service connection for a respiratory disability, to include sleep apnea, is denied.,A separate compensable rating of 100 percent for posttraumatic stress disorder (PTSD) with traumatic brain injury is granted. The effective date prior to April 15, 2021, for the award of service connection and a compensable rating for posttraumatic headaches is denied.

The Board denied the Veteran's appeal for a higher rating for lumbosacral strain with degenerative arthritis and degenerative disc disease, finding that the evidence did not support an evaluation in excess of 40 percent.

The Board has remanded the claim of service connection for sleep apnea due to insufficient evidence and a duty-to-assist error. The Veteran's representatives argue that his sleep apnea is related to his service-connected IVDS or COPD.

The Board has decided to remand the case due to duty-to-assist errors and additional medical opinions are needed regarding the Veteran's sleep apnea claim, including whether it is related to service or aggravated by his service-connected psychiatric disability.

The Board remands the claim for a new VA examination to determine the severity of the Veteran's lumbosacral strain, as the previous examination was found inadequate.

The Board has decided to remand the case due to a lack of adequate VA examination and insufficient evidence for secondary service connection. The Veteran's OSA is being reviewed again with an updated medical opinion.

The Veteran's OSA and HT are granted service connection, while his DM is denied as secondary to OSA.

The Board has remanded the case for further review due to a timely Notice of Disagreement filed with the September 2018 rating decision that assigned an effective date of July 27, 2018 for service connection. The Veteran is advised of her right to de novo review or traditional appeal process.