Sleep apnea decisions — 2025

The Board remands the claims for service connection for various disabilities, including obstructive sleep apnea, heart disability, diabetes mellitus, and peripheral neuropathy, due to inadequate medical opinions regarding obesity as an intermediate step between the Veteran's service-connected TBI with nose fracture and these claimed conditions.

The Board granted service connection for bilateral planter fasciitis and remanded the other issues, including a compensable evaluation for tinea pedis of the bilateral feet, service connection for dermatitis, obstructive sleep apnea, chronic obstructive pulmonary disease (COPD), and total disability rating based on individual unemployability (TDIU).

The Board remands the claims for service connection for sleep apnea and diabetes mellitus, type II to obtain a new VA opinion that complies with legal standards.

The Board denied separate ratings for sleep apnea and asthma, as well as an increased rating in excess of 50 percent for sleep apnea with exercise asthma. The claim for service connection for left shoulder arthritis was remanded.

The Veteran withdrew his appeal of all 13 issues listed in his November 2024 notice of disagreement.

The Board remands the claims for service connection for diabetes mellitus type II, diabetic nephropathy, voiding dysfunction (claimed as bladder), hypertension, obstructive sleep apnea, and hypertensive heart disease with supraventricular arrhythmia to correct an error by the AOJ in satisfying its duty to assist under 38 U.S.C. § 5103A.

The Board granted service connection for obstructive sleep apnea as secondary to a service-connected condition and denied service connection for incontinence. The Board also remanded the issue of an initial evaluation in excess of 10 percent for headaches.

The Board remands the claims for service connection and increased ratings due to pre-decisional duty-to-assist errors, requiring new medical nexus opinions.

The Board granted service connection for obstructive sleep apnea but denied service connection for an acquired psychiatric disability and increased evaluations for upper extremity radiculopathy and right shoulder sprain.

The Board remands the issue of entitlement to service connection for obstructive sleep apnea (OSA), to include as secondary to a service-connected headache disability, for further development and consideration.

The Board remands the claims for a rating in excess of 30 percent, prior to April 16, 2019, and in excess of 50 percent thereafter, for bilateral plantar fasciitis with pes planus with scar; a rating in excess of 40 percent for degenerative disc disease thoracic back strain; a rating in excess of 30 percent for migraine headaches; a rating in excess of 30 percent for sinusitis with rhinitis; and service connection for obstructive sleep apnea (OSA) due to duty-to-assist errors.

The Board remands the claims for service connection and increased ratings due to a duty to assist error, as the Veteran was not properly notified of his scheduled examinations.

The Board granted service connection for a back disability and sciatic radiculopathy of the right lower extremity, both found to be secondary to the Veteran's service-connected plantar fasciitis.

The Board denied service connection for sleep apnea and an initial evaluation higher than 10 percent for GERD.

The Board dismissed the claim regarding the propriety of the September 2016 rating reduction for asthma, as the Veteran's respiratory disabilities were combined and a 50 percent disability rating was assigned effective January 2015.

The Board grants service connection for lumbosacral strain, neck condition (anterior cervical discectomy and fusion spanning C5 to C7), left upper extremity radiculopathy, and right upper extremity radiculopathy, all as secondary to the Veteran's now service-connected lumbosacral strain.

The Board remands the Veteran's claim for service connection for sleep apnea as secondary to tinnitus due to an inadequate medical opinion.

The Board granted service connection for cervical strain with degenerative disc disease and lumbosacral strain, finding that the Veteran's injuries during service led to current disabilities.

The Board denied increased ratings for PTSD and sleep apnea, finding the Veteran's symptoms did not meet the criteria for higher disability ratings.

The Board remands the appeal to obtain additional medical opinions regarding the etiology of the Veteran's obstructive sleep apnea, including whether it is caused or aggravated by his service-connected posttraumatic stress disorder (PTSD).