Sleep apnea decisions — 2025

The Board granted an initial increased disability evaluation rating of 40 percent for the service-connected lumbosacral strain, lumbar muscle spasm prior to January 16, 2020, and denied a higher rating from that date. The appeal was also remanded for further consideration regarding dizziness and vertigo.

The Board granted service connection for hypertension prior to August 10, 2022, and dismissed several other claims related to various disabilities.

The Board remands the issues for additional development, including obtaining a TERA memorandum and Individual Longitudinal Exposure Record (ILER) for the appellant, as well as new VA medical opinions to address whether the appellant's hypertension, DM II, and OSA are secondary to his service-connected musculoskeletal disabilities, atrophic rhinitis, and recurrent acute sinusitis, with obesity as an intermediate step.

The Board remands the claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea to correct pre-decisional duty to assist errors.

The Board denied service connection for benign paroxysmal positional vertigo, obstructive sleep apnea, a left hip condition, and a right hip condition as the evidence did not support a finding that these conditions were caused by or aggravated by the Veteran's active military service.

The Board denied service connection for obstructive sleep apnea as there was no competent evidence of a current diagnosis during the pendency of the appeal.

The Board denied service connection for sinusitis, TBI, obstructive sleep apnea, and bilateral foot disability as the evidence did not support a finding of current disabilities related to in-service events or exposures.

The Board grants service connection for obstructive sleep apnea, finding that it is caused or aggravated by the Veteran's service-connected psychiatric disability.

The Board denied the veteran's claims for increased ratings for hypertension and lumbosacral strain, finding that the evidence did not support a higher rating than those already assigned.

The Board dismissed the veteran's appeals for earlier effective dates for his degenerative disc disease with degenerative arthritis and lumbosacral strain, and bilateral lower radiculopathy for the sciatic and femoral nerves due to a prohibited concurrent election under the modernized review system.

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected sinusitis.

The Veteran has withdrawn his appeal for service connection for flatfoot, pes planus, left; flatfoot, pes planus, right; and lumbosacral strain.

The Board granted service connection for obstructive sleep apnea (OSA) and denied service connection for posttraumatic stress disorder (PTSD). The claim for pes planus was remanded.

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 onset in service.

The Board granted service connection for right lower extremity radiculopathy as secondary to the Veteran's service-connected DJD and DDD of the lumbar spine, effective November 13, 2025.

The veteran's appeal for service connection for lumbosacral strain, left shoulder condition, and right knee condition was dismissed due to a late filing of the Board Appeal request.

The Board dismissed the appeals for entitlement to a rating more than 40 percent disabling for lumbosacral strain with degenerative arthritis and intervertebral disc syndrome, and for a rating more than 20 percent disabling for right lower extremity radicopathy, sciatic.

The Board remands the claim for service connection for obstructive sleep apnea due to new and relevant evidence being received after previous denials.

The Board remands the issue of entitlement to service connection for obstructive sleep apnea, as it finds that the AOJ's pre-decisional duty-to-assist error in failing to provide an adequate medical opinion requires correction.

The appeal regarding entitlement to service connection for sleep apnea is remanded due to a pre-decisional duty-to-assist error.