Sleep apnea decisions — 2026

The Board has dismissed the Veteran's appeals for service connection on multiple conditions due to a docketing error and failure to respond within the required time frame.

Service connection for migraine headaches and OSA is granted.,The Veteran's current conditions are found to be related to his service, with evidence of continuity of symptoms since service.

The Board denied earlier effective dates for the awards of service connection for obstructive sleep apnea and cervical strain, as well as the award of a total disability rating based on individual unemployability (TDIU), because the Veteran did not file claims within one year of submitting initial intent to file claims.

The Veteran's claim for service connection for sleep apnea was denied as there is no current diagnosis of the condition.,PTSD resulted in reduced reliability and productivity, but did not meet criteria for a higher rating.,Tension headaches did not meet criteria for a higher rating based on characteristic prostrating attacks.,Degenerative arthritis of cervical spine did not meet criteria for a higher rating due to limitation of motion.,Right shoulder impingement did not meet criteria for a higher rating due to limitation of motion.,Left shoulder impingement syndrome, rotator cuff tendonitis, did not meet criteria for a higher rating due to limitation of motion.,IBS manifested as moderate, frequent episodes of abdominal distress and did not meet criteria for a higher rating.

The Veteran's claim for service connection for sleep apnea is granted, with the Board finding that his current sleep apnea is related to his service. The evidence submitted after the September 2020 denial includes private medical opinions linking his sleep apnea to his service.

The Board has remanded the case due to insufficient rationale in a VA opinion regarding the relationship between the Veteran's sleep apnea and service, including toxic exposure. The examiner must provide a detailed rationale for their conclusions.

The Veteran seeks an earlier effective date for the grant of service connection for obstructive sleep apnea (OSA). The Board finds that the appropriate effective date is March 8, 2022, as it was within one year of the Intent to File (ITF) received on March 8, 2022.,The Veteran seeks an earlier effective date for a 20% rating for lumbar spine degenerative arthritis with intervertebral disc syndrome. The Board finds that the appropriate effective date is March 8, 2021, as it was within one year of the Intent to File (ITF) received on March 8, 2022.,The Veteran seeks an earlier effective date for a 40% rating for radiculopathy of the right lower extremity (RLE). The Board finds that the appropriate effective date is March 8, 2021, as it was within one year of the Intent to File (ITF) received on March 8, 2022.,The Veteran seeks an earlier effective date for a 40% rating for radiculopathy of the left lower extremity (LLE). The Board finds that the appropriate effective date is March 8, 2021, as it was within one year of the Intent to File (ITF) received on March 8, 2022.

The Veteran's appeal for a higher rating for his left wrist disability is granted, with the maximum available rating of 50 percent.,The appeals for a compensable rating for the service-connected left wrist scar and an earlier effective date are dismissed.

The Veteran's bilateral hearing loss is rated at zero percent, as the VA examination results do not meet the criteria for a compensable rating.,The Veteran's COPD is currently rated at zero percent, with PFTs showing an FEV-1 of 91% predicted and FEV-1/FVC of 96%, which does not warrant a higher rating under Diagnostic Code 6604.,For lumbosacral strain, degenerative disc disease, the Veteran's current rating is at 20 percent based on forward flexion of 50 degrees and combined range of motion of 125 degrees. The VA examination did not show ankylosis or muscle spasm/severe guarding resulting in abnormal gait or spinal contour.,The Veteran's right groin scar has been rated as zero percent, with no evidence of instability or pain.

The Veteran's lumbosacral strain is granted as secondary to her service-connected left hip total replacement and bilateral knee disabilities. The claim for sleep apnea being secondary to her service-connected depressive disorder is remanded.

The Veteran's appeal is dismissed for the issue of service connection for facial scarring. A 10 percent initial rating, but no higher, is granted for tension headaches. The issues of service connection for bilateral hearing loss, allergic rhinitis, obstructive sleep apnea, erectile dysfunction, and IBS with GERD are remanded.

The Board has granted service connection for sleep apnea as secondary to service-connected disabilities, but denied service connection for peripheral neuropathy.

The Veteran's bilateral hearing loss does not meet the criteria for a disability under VA guidelines, and there is no evidence of current sleep apnea or erectile dysfunction.,The Veteran's headaches do not qualify for a higher rating as they are characterized by less frequent attacks.

The Board has decided to remand the claims for service connection for sleep apnea (OSA) and a heart condition due to new evidence being submitted. The Veteran's private medical opinions linking his conditions to service are considered insufficient, and VA examinations have not provided causation opinions.

The appeal for service connection for left and right knee disabilities is dismissed.,The appeal for service connection for tinnitus is granted.,The appeal for service connection for bilateral plantar fasciitis and thoracolumbar spine disability (including lumbosacral and thoracolumbar strain with radiculopathy of the bilateral lower extremities) is remanded.

The Veteran's obstructive sleep apnea is related to service and the Board has granted service connection for this condition.

The Board has denied the Veteran's claim for service connection for sleep apnea as there is no current diagnosis of this condition.

The Veteran's sleep apnea, neck disability, and tinnitus are all found to have begun during active service.,The Veteran's left hip condition is not related to his service-connected knee disabilities. The right hip condition and lumbar spine condition are also not related to his service-connected knee disabilities.,Service connection for a left hip condition, a right hip condition, and a lumbar spine condition is denied.

The Veteran's claim for service connection for OSA was granted with an effective date of August 10, 2022, due to the implementation of the PACT Act. The claim was filed within one year of this act.

The Veteran's claim for service connection for lower right side pain, specifically right hip pain, is granted. The earlier effective date of June 17, 2023, for service connection for bilateral hip disabilities (right and left) is also granted.,Service connection for OSA is remanded as the AOJ has not provided an opinion on whether it is secondary to a service-connected condition.