Sleep apnea decisions — 2025

The Board denied the Veteran's appeal for a rating higher than 50 percent for obstructive sleep apnea (OSA) as the evidence did not show chronic respiratory failure with carbon dioxide retention or cor pulmonale, or require a tracheostomy.

The Board remands the claims for a new VA medical opinion to address the severity of, and functional impairment resulting from, the Veteran's low back and right lower extremity radiculopathy disabilities without considering the ameliorative effects of medication.

The Board denied initial ratings in excess of the assigned percentages for OSA, hypertension, allergic rhinitis, and irritable colon syndrome. Service connection was also denied for chronic fatigue syndrome and a respiratory disorder.

The Board granted service connection for a right shoulder disability and increased the rating for obstructive sleep apnea to 50 percent, while denying service connection for hypertension and other claims.

The Board granted service connection for sleep apnea as secondary to the Veteran's service-connected deviated septum.

The Board granted service connection for sleep apnea, finding that the evidence is at least evenly balanced as to whether the Veteran's sleep apnea had its onset in active service.

The Board remands the claim for service connection of sleep apnea to correct a pre-decisional duty to assist error and to satisfy its statutory obligations.

The Board denied a disability rating in excess of 50 percent for the Veteran's service-connected acquired psychiatric disability but granted a total disability rating based on individual unemployability (TDIU).

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

The Board denied service connection for bilateral restless leg syndrome and obstructive sleep apnea, finding no evidence of an association with the Veteran's in-service toxic exposure risk activities.

The Veteran's service-connected conditions, including obstructive sleep apnea, mood disorder with depressive and anxious features, benign growth of the spinal cord with spondylosis and anterolisthesis, residuals of right ankle sprain with traumatic arthritis, and otitis media, have rendered him unable to secure and follow substantially gainful employment.

The Board denied service connection for hypertension, obstructive sleep apnea, a headache disability, and tinnitus due to the lack of evidence showing current diagnoses. The claims for bilateral hearing loss and lumbar spine disability were remanded for further examination.

The Board denied the Veteran's claim for an earlier effective date prior to August 10, 2022, for service connection of obstructive sleep apnea as secondary to his service-connected allergic rhinitis.

The Board granted service connection for obstructive sleep apnea and emphysema, finding a link to the Veteran's service-connected PTSD and toxic exposures during service respectively.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a current diagnosis of OSA or any other type of sleep apnea and that the Veteran failed to appear for a scheduled VA sleep study.

The Board dismissed the appeal for a rating in excess of 70 percent for posttraumatic stress disorder and granted earlier effective dates for service connection for tinnitus, lumbar spine disability, left lower extremity radiculopathy, right lower extremity radiculopathy, and obstructive sleep apnea. It also granted a TDIU from March 24, 2023, and SMC at the housebound rate.

The Board denied an initial rating in excess of 60 percent for chronic fatigue syndrome and an initial rating in excess of 30 percent for obstructive sleep apnea from February 15, 2024.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected major depression with anxious distress.

The Board remands the claims for a disability rating in excess of 20 percent for lumbosacral strain and service connection for right ear hearing loss due to pre-decisional duty to assist errors.

The Board granted service connection for parkinsonism and obstructive sleep apnea, both as secondary to the Veteran's service-connected seizure condition associated with adjustment disorder, mixed anxiety and depressed mood, mild neurocognitive disorder with traumatic brain injury (TBI), to include tension headaches.