Sleep apnea decisions — 2026

The Veteran's TDIU claim is granted prior to October 16, 2019, and dismissed from that date onwards due to the receipt of a 100% disability rating for Meniere's disease.

The Board has decided to remand the cases of service connection for sleep apnea and sleep disturbances due to inadequate VA examinations. The Veteran should be provided with a new VA examination to address his obstructive sleep apnea and sleep disturbance and their relationship to his active duty service.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions regarding his claimed conditions.

The Board has decided to remand the claim for a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease other than intervertebral disc syndrome (IVDS) due to inadequate examination findings and conflicting annotations.

The Board has decided to remand the case due to a lack of primary medical opinions and consideration of obesity as an intermediate step between service-connected disabilities and sleep apnea.

The Board has decided to remand the case due to a duty-to-assist error, and will consider all evidence of record at the time of the December 2024 AOJ decision.

The Board has determined that the AOJ made a duty to assist error by failing to obtain an opinion on whether the Veteran's lumbosacral strain with osteopenia and spondylosis is due to or aggravated by his service-connected feet disabilities. The claim is being remanded for this purpose.

The Veteran's claims for earlier effective dates for the grants of service connection for PTSD, lumbar strain, cervical strain, left knee strain, right knee strain, and right shoulder strain are denied.,The Veteran's claim for an increased rating in excess of 50 percent for PTSD is also denied.

The Veteran's evaluations for left lower extremity radiculopathy and lumbosacral degenerative arthritis of the spine have been restored to their previous levels effective October 18, 2024. The appeal regarding service connection for migraine headaches as secondary to service-connected lumbosacral spine disability is still pending.

The Veteran's bilateral lower extremity radiculopathy is currently rated at 40 percent with an effective date of November 24, 2015.,Entitlement to higher initial ratings in excess of 40 percent for the Veteran's bilateral lower extremity sciatic radiculopathy is denied.

The Veteran's adjustment disorder and migraine headaches have been granted service connection, but a higher rating for these conditions is denied.,Service connection has also been established for left knee pain, right knee pain, and lumbosacral strain. The Veteran's iron deficiency anemia has not resulted in the required treatment with intravenous iron infusions.

The Veteran's claims for initial compensable disability ratings for allergic rhinitis and hypertension associated with obstructive sleep apnea have been denied as there is no evidence of nasal obstruction greater than 50 percent in both nasal passages or complete obstruction on one side, nor nasal polyps, required for a compensable rating under DC 6522. The Veteran's blood pressure readings were consistently below the criteria for hypertension ratings.

The Board has remanded the case for further development, including obtaining a VA opinion to determine if the Veteran's sleep apnea is related to service or secondary to his asbestosis. The appeal for service connection of sleep apnea remains pending.

The Board has determined that a VA examination is needed to determine if the Veteran's sleep apnea is related to service and whether it is due to or aggravated by his service-connected disabilities.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of October 11, 2018. The Board found that the Veteran continuously pursued his appeal since the original filing and there is no earlier date of claim.

The Board has dismissed the issue of entitlement to service connection for asthma as it was already granted in a previous rating decision. The issues of evaluating OSA with asthma, allergic rhinitis, and recurrent sinusitis are remanded due to duty-to-assist errors.

The Board denied eligibility for attorney fees based on past-due benefits awarded in the December 2024 Rating Decision, as the July 2024 claim was not on the same basis and did not involve the same benefits.

The Board denied service connection for right knee, right hip, back, and bilateral neurologic disabilities of the lower extremities as they are not related to active service. The Veteran was granted a TDIU based on his service-connected PTSD.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to inadequate medical opinions regarding whether OSA was caused or aggravated by service-connected conditions, including PTSD and orthopedic conditions. The AOJ is required to obtain a new VA medical opinion addressing these issues.

The Board denied service connection for lumbosacral arthritis, finding the evidence did not support a link to service. Service connection was granted for hernia, with the condition first identified after separation from service.