Sleep apnea decisions — 2025

The Board dismissed the motion to revise a March 2016 rating decision based on clear and unmistakable error (CUE) without prejudice to refiling.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for a lumbosacral strain based on the evidence showing that the symptoms associated with the lower back fall within the criteria for a 10 percent rating and do not approximate the criteria for a higher rating.

The Board remands the claim for service connection for obstructive sleep apnea to obtain an addendum opinion addressing whether the Veteran's obesity, caused by his service-connected musculoskeletal disabilities, is a substantial factor in causing or aggravating OSA.

The Board granted service connection for obstructive sleep apnea, finding it to be related to the Veteran's service-connected PTSD with obesity as an intermediate step.

The Board denied an initial compensable disability rating for bilateral hearing loss and dismissed the appeal concerning service connection for major depressive disorder. The claims for service connection for chronic fatigue syndrome, respiratory insufficiency, GERD, and OSA were remanded.

The Board granted service connection for tinnitus and denied an earlier effective date for the grant of service connection for sleep apnea, while remanding the claim for an initial disability evaluation in excess of 30 percent for migraines.

The Board granted service connection for asthma and obstructive sleep apnea as secondary to the Veteran's service-connected conditions.

The Board granted service connection for major depressive disorder with anxious distress and denied service connection for sinusitis, bilateral hearing loss, tinnitus, right lower extremity radiculopathy, left lower extremity radiculopathy, and a lumbosacral strain.

The appeal for service connection of obstructive sleep apnea, as secondary to service-connected PTSD with depression, was withdrawn by the Veteran's attorney prior to the issuance of a decision.

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with major depressive disorder (MDD).

The Board denied the Veteran's claim for an earlier effective date prior to May 16, 2024, for service-connected obstructive sleep apnea (OSA) based on the applicable laws and regulations.

The appeal was dismissed due to the Veteran not filing a Notice of Disagreement within one year of receiving notice of the respective decisions, and no good cause for extending the time limit was shown.

The Board granted service connection for upper airway resistance syndrome, secondary to the Veteran's service-connected disabilities. The claim for obstructive sleep apnea was reopened and readjudicated but ultimately denied.

The Board denied service connection for a skin disability, heart disease, and digestive disability but granted service connection for bilateral pes planus.

The Board denied service connection for obstructive sleep apnea and denied increased ratings for various disabilities including back, lower extremity radiculopathy, knee, facial scar, pseudofolliculitis barbae, and erectile dysfunction.

The appeal was dismissed due to the Veteran's death while it was pending.

The Board granted service connection for peptic ulcer disease and pelvic congestion syndrome, and assigned initial ratings of 70%, 30%, 60%, 30%, 40%, and 10% for posttraumatic stress disorder (PTSD), gastroesophageal reflux disease (GERD), dermatitis, migraines, lumbosacral strain, and left lower extremity radiculopathy respectively. The Board remanded the claim of an initial rating in excess of 10 percent for costochondritis.

The Board remands the claims for service connection for obstructive sleep apnea, to include as secondary to a heart disability and a hearing disability, for further development of the record.

The Board denied the Veteran's appeal for a compensable rating for his low back disability, as there was no evidence of limitation of motion or painful motion that would warrant a 10 percent evaluation.

The Board granted service connection for diabetes mellitus II and obstructive sleep apnea, both as secondary to the Veteran's service-connected PTSD.