Sleep apnea decisions — 2026

The Veteran's lumbosacral strain was restored to a 40 percent rating, and he received separate ratings for his right lower extremity radiculopathy. The higher ratings were denied.

The Veteran's sleep apnea is granted service connection. The Veteran's bilateral pes planus is granted a rating of 30 percent from February 5, 2019. The right knee disability and entitlement to TDIU are remanded.

The Veteran's claims for service connection for agoraphobia, a back injury, and sleep apnea are being remanded due to the need for VA examinations to determine the nature and etiology of these conditions.

The Veteran's service-connected disabilities have not prevented him from securing and following a substantially gainful occupation, as evidenced by his part-time employment during the appeals period.

The Veteran's service-connected disabilities, particularly his back disability and PTSD, have rendered him unable to secure and maintain substantially gainful employment.

The Veteran's claim for an effective date prior to February 21, 2024 for TDIU is denied as there is no evidence showing an increase in his service-connected hearing loss and/or tinnitus resulting in unemployability between September 26, 2023 and February 21, 2024.

The Veteran's right ankle, left ankle, and low back disabilities are granted service connection. The claims for bilateral hip and knee disabilities are remanded.

The Veteran's service connection for IVDS, lumbosacral strain with degenerative arthritis and bilateral knee osteoarthritis is granted. Secondary service connection for an acquired psychiatric condition as secondary to these conditions is also granted. The Veteran's sinusitis is rated at 30 percent.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted as the evidence shows that OSA began in service and was related to his military duties.

The Veteran's appeal is being remanded for further examination and evaluation of his service connection claims for left knee condition, right knee condition, lumbosacral condition, asthma, and GERD.

The Board has decided to remand the case for further examination and opinion regarding service connection claims for unspecified anxiety disorder, OSA, migraine headaches, a disorder manifested by fatigue, and a disorder manifested by sleep disturbances. The Veteran's statements about symptoms during service are considered in these evaluations.

The Board has decided to remand the case due to a pre-decisional duty to assist error and will consider any evidence submitted after the AOJ decision on appeal. The Veteran's claim for service connection for sleep apnea was previously denied, but there is new evidence received by the RO that supports this finding.

The Board has decided to remand the cases of service connection for gout and sleep apnea due to incomplete records and a need for further development, including VA examinations.

The Veteran's service connection claims for left foot, left ankle, right ankle, neck disability with left upper extremity radiculopathy, and OSA have been denied. The Board found no evidence of a current disability in these conditions during the period on appeal.

The Veteran's service connection claims for various conditions have been granted, including peripheral neuropathy of the upper and lower extremities, tinnitus, cholecystectomy with residuals, small bowel resection with residuals, and obstructive sleep apnea. The appeals were dismissed for temporomandibular joint condition.,Service connection was established for all other conditions on a direct basis due to their onset during service or being directly caused by pre-existing conditions.

The Veteran's motion to revise the effective date of service connection for sleep apnea due to CUE is dismissed because the Board did not address a secondary claim for sleep apnea related to ankle disabilities, which remains pending.

The Board denied service connection for a low back condition, finding no link between the current condition and military service.,The Board also denied service connection for a left shoulder condition, noting that there were no post-service treatment records showing treatment of the condition within one year of active military service.

The Veteran's heart disorder was not incurred in service and is not presumed to have been incurred in service.,For the entire appeal period, ankylosis of the thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes are not shown nor were they diagnosed.,Voiding dysfunction at most is manifested by nocturia occurring three to four times per night and daytime voiding between two to three hours.,There is no treatment for an active recurrence of vocal cord cancer during the appeal period, and there is no evidence of residuals of vocal cord cancer to include treatment therefor.,The service-connected adjustment disorder does not more nearly approximate occupational and social impairment.,The Veteran meets the schedular requirement for TDIU due to his service-connected disabilities for the entire appeal period.

The Board has remanded the claims for service connection due to a failure to prepare a TERA memorandum considering the Veteran's exposure to burn pits in Iraq and Molotov cocktails in the Philippines.

The Board has remanded the claims of entitlement to service connection for CAD, hypertension, and OSA due to exposure to jet fuels and aqueous film forming foam (AFFF) during active duty. The private medical opinions provided insufficient evidence to support the claims as they incorrectly characterized the Veteran's service status.