Sleep apnea decisions — 2025

The Board granted an initial rating of more than 50 percent for posttraumatic stress disorder and unspecified anxiety disorder, but denied ratings for obstructive sleep apnea, sinusitis, left and right restless leg syndrome, chronic maculopapular dermatosis, alopecia, and service connection claims for various conditions.

The Board remands the claims for service connection for sleep apnea and arrhythmia, to include as secondary to a service-connected disability, due to pre-decisional duty to assist errors.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support a higher rating or service connection for any of the conditions appealed.

The Board remands the claim for a higher initial rating for obstructive sleep apnea due to an error in satisfying the regulatory duty to provide notice of the Veteran's right to a pre-decisional hearing.

The Board granted service connection for OSA secondary to the Veteran's service-connected asthma and right foot disabilities, effective January 19, 2024. The appeal for an earlier effective date for tension headaches was denied.

The Board granted a 20 percent disability rating for left knee instability from June 14, 2017, to July 28, 2021, and restored the 40 percent rating for left lower extremity deep vein thrombosis effective June 1, 2021. The Board denied a higher rating for left knee instability after July 28, 2021, and a compensable rating for left knee limitation of flexion.

The Board granted the restoration of a 20 percent rating for lumbosacral strain with degenerative disc disease, thoracic segmental dysfunction, and spondylosis due to a lack of actual improvement in the Veteran's ability to function under ordinary conditions.

The Board denied a disability rating in excess of 70 percent for generalized anxiety disorder, denied compensable ratings for external hemorrhoids and sinusitis, granted service connection for migraine headaches secondary to sinusitis, and granted service connection for left foot and left shoulder conditions. The claims for increased ratings for urethral stricture, lumbosacral strain, and ulnar neuropathy were remanded.

The Board granted service connection for an anxiety/depression condition and a 40 percent rating for the lumbosacral strain, while remanding the claim for a total disability rating based on individual unemployability.

The Board remands the issues of entitlement to increased ratings for lumbosacral spondylosis with intervertebral disc syndrome and left leg radiculopathy due to an inadequate VA examination.

The Board granted service connection for tinnitus and denied the claims for service connection for sleep apnea, a compensable rating for bilateral gynecomastia associated with hypertension, a compensable rating for bilateral tinea pedis, and a rating in excess of 10 percent for hypertension.

The Board remands the claim for an adequate examination to determine if the Veteran's obstructive sleep apnea is due to or aggravated by his service-connected PTSD.

The Board remands the claim for service connection for sleep apnea to obtain a VA examination and opinion, as well as additional evidence.

The Board granted service connection for obstructive sleep apnea based on new and relevant evidence.

The Board remands the claims for further development due to pre-decisional duty to assist errors.

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected insomnia disorder, resolving reasonable doubt in favor of the Veteran.

The Board denied entitlement to an initial rating in excess of 20 percent for left lower extremity radiculopathy, prior to June 21, 2019; and a rating in excess of 40 percent, effective June 21, 2019. The claims for service connection for erectile dysfunction (ED) and obstructive sleep apnea (OSA) were remanded.

The Board remands the claim for service connection for obstructive sleep apnea to secure an adequate medical examination and opinions regarding its nature, etiology, and relationship to the Veteran's service-connected conditions or toxic exposure risk activities.

The Board denied earlier effective dates for the awards of service connection and initial ratings for various conditions, including a scar on back of neck/head, right hip limited abduction, adduction, and rotation, PTSD, OSA, hip stress fractures, tibia stress fracture, foot pes planus, pseudofolliculitis barbae (PFB), and erectile dysfunction (ED).

The Board denied the Veteran's claim for an earlier effective date for service connection for back disability, as the earliest possible date was September 26, 2020.