Sleep apnea decisions — 2026

The Board has remanded the case due to insufficient development of records regarding special monthly pension (SMP) prior to April 7, 2020.

The Veteran's Obstructive Sleep Apnea (OSA) is found to be the result of obesity caused by her service-connected PTSD, with alcohol abuse. The Board granted service connection for OSA as secondary to service-connected PTSD, with alcohol abuse.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence showing a relationship between her current condition and her military service.

The Board has granted service connection for obstructive sleep apnea and denied a compensable rating for bilateral hearing loss. The Veteran's current disability is due to his active duty service, but the severity of his hearing loss does not meet the criteria for a compensable rating.

The Board has granted service connection for the Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine and lumbosacral strain, finding that it had its onset in service.

The Veteran's appeal of the compensable rating for onychomycosis of toenails is dismissed due to a procedural defect. The Board has also found that there was a duty-to-assist error in denying service connection for obstructive sleep apnea without affording a VA examination.

The Board has determined that the Veteran's current obstructive sleep apnea (OSA) is likely to have had its onset during his military service, and therefore grants service connection for OSA.

The Board has granted the Veteran's claims for service connection for GERD and sleep apnea, finding that new evidence supports reopening of these claims. Service connection is established for both conditions.

The Board has decided to remand the claim of service connection for sleep apnea due to inadequate rationale in the VA medical opinion and the need for a secondary service connection examination.

The Veteran's hypertension is being remanded for further evaluation due to an inadequate opinion in the previous VA examination, which did not consider the effects of his service-connected disabilities on his mobility and ability to be physically active.

The Veteran's degenerative arthritis and degenerative disc disease of the lumbosacral spine are granted as service connected.,The Veteran's right lower extremity (RLE) sciatic nerve radiculopathy is granted as secondary to his lumbar spine disability.,The Veteran's left lower extremity (LLE) sciatic nerve radiculopathy is granted as secondary to his lumbar spine disability.

The Board has decided that a remand is needed to correct a pre-decisional duty to assist error regarding the Veteran's obstructive sleep apnea, which was initially diagnosed in 2014 at an outside laboratory. The AOJ must request and obtain any medical records from 2014 associated with this diagnosis.

The Board has determined that the VA did not obtain an adequate medical opinion regarding whether the Veteran's sleep apnea is related to service or his back disability. The case is being remanded for a new examination and opinions.

The Veteran's claim for service connection for obstructive sleep apnea was granted effective June 17, 2019. The Board found that the evidence received within one year of notification of the September 2017 rating decision (which denied the claim on the merits) constituted new and material evidence.

The Board has decided to remand the case due to insufficient evidence regarding the onset and relationship of the Veteran's current OSA with his military service. The VA is instructed to obtain an addendum opinion from a VA examiner to address these matters.

The Board has remanded the case due to duty-to-assist errors, including inadequate opinions regarding whether the Veteran's sleep apnea is aggravated by his service-connected adjustment disorder with mixed anxiety and depressed mood, and whether obesity is an intermediate step between his service-connected condition and his obstructive sleep apnea.

The Board has found that the Veteran requires personal care services for at least six continuous months based on an inability to perform activities of daily living. The claim is remanded to determine if participation in the PCAFC program would be in the Veteran's best interest.

The Board has remanded the claim for a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) due to an error in obtaining Social Security Administration (SSA) disability records. The TDIU claim is also intertwined with other appeals, including those for service connection for fibromyalgia, sleep apnea, psychiatric disability, and Hodgkin's lymphoma.

The Veteran's initial increased rating claims for tinnitus, sleep apnea, and PTSD have been denied. The maximum schedular ratings for these conditions are already assigned.,For tinnitus, the Veteran is currently rated at 10% and a higher extraschedular rating is not available due to the severity of his symptoms being adequately contemplated by the current rating criteria.,For sleep apnea, there is no evidence of chronic respiratory failure with carbon dioxide retention or cor pulmonale requiring tracheostomy. Therefore, an initial increased rating is denied.,For PTSD, the Veteran's condition has been rated at 50% since July 23, 2020 and 70% from May 1, 2024 onwards. The claim for a higher rating remains denied.

The Board has determined that there was a duty to assist error and remanded the case for further development. The Veteran's claim of service connection for obstructive sleep apnea (OSA) secondary to PTSD, with obesity as an intermediate step, is now pending.