Sleep apnea decisions — 2024

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as there were duty-to-assist errors and insufficient medical opinions regarding the relationship between his sleep apnea and his service-connected disabilities.

The Veteran's representative has withdrawn the appeals for sleep apnea and eczema, thus these issues are dismissed.

The Veteran's initial compensable rating for hemorrhoids prior to July 14, 2020, is denied.,The Veteran's initial rating in excess of 10 percent for lumbosacral strain (back disability) prior to July 14, 2020, is denied.

The Veteran withdrew his appeals for right inguinal hernia scar, obstructive sleep apnea, erectile dysfunction (ED), bilateral hypermetropia and astigmatism, and irritable bowel syndrome (IBS).

The Veteran's claim for an increased rating of unspecified depressive disorder was granted. The claim for service connection of obstructive sleep apnea is remanded due to inadequate examination.

The Board has granted service connection for left knee disability, lumbosacral spine degenerative joint and disc disease, and right lower extremity radiculopathy as secondary to the lumbosacral spine condition. The conditions are deemed related to in-service injuries during combat operations.

The Board has remanded the claims of service connection for sleep apnea, thoracolumbar spine injury, migraines, and gastroesophageal reflux disease (GERD) to allow for further development.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected right ankle disability and residuals of coccygeal fracture, with obesity being considered an intermediate step between the two.

The Veteran's OSA disability is remanded due to a duty to assist error. The AOJ must verify the Veteran's in-service exposure to chemicals, paints, and dust from sanding aircrafts and equipment related to his MOS duties as an aircraft structural maintenance specialist.

The Board has denied the Veteran's claim for service connection for a low back condition, finding that there is no causal connection between his in-service event and his current disability.

The Veteran's appeal is remanded due to a duty to assist error in the VA examination and opinion provided. The Board finds that an adequate VA examination is needed to clarify whether the Veteran requires the use of a breathing assistance device such as CPAP machine.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's lumbar spine disability. The Veteran contends his current condition is related to an in-service injury, but the VA examiner did not consider this contention and relied on a lack of contemporaneous treatment records.

The Veteran's claim for TDIU was denied as the evidence did not support a finding that he was unable to secure or follow substantially gainful employment due to service-connected disabilities, including PTSD.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board cannot issue a decision on the above-captioned claims at this time.

The Board has remanded the service connection claims for an acquired psychiatric disorder, OSA, and a right knee condition due to incomplete medical opinions and potential inextricability with other issues.

The Board has granted service connection for lumbosacral strain. The issues of service connection for neck disability and bilateral hip condition are remanded due to a duty-to-assist error.

The Board has determined that the Veteran's current obstructive sleep apnea is related to service and remanded for further examination and opinion regarding whether it is proximately due to or aggravated by a service-connected disability.

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 his service-connected PTSD and generalized anxiety disorder.

The Board has remanded the case due to deficiencies in the VA examiner's opinions and a need for additional evidence regarding whether the Veteran's OSA is service-connected, secondary to her hypertension-related obesity, or aggravated by her hypertension.

The Veteran's claims for increased ratings and service connection are being remanded due to the need to obtain private treatment records, provide a VA examination, and address lay statements regarding symptoms in service.