Sleep apnea decisions — 2026

The Board has remanded the Veteran's claims for a rating in excess of 20 percent for IVDD with DJD of the lumbosacral spine prior to March 3, 2020 and from March 3, 2020; left lower extremity radiculopathy from November 6, 2014; and right lower extremity radiculopathy from November 6, 2014. The remand is due to the need for additional development of evidence.

The Board has granted service connection for the Veteran's acquired psychiatric disability (to include depression), sleep apnea, and COPD as secondary to his service-connected disabilities.

The Board has decided to remand the Veteran's claims for service connection for OSA and an increased rating for unspecified depressive disorder due to deficiencies in the record, including a lack of adequate VA examination prior to the decision on appeal.

The Board has decided to remand the case due to a pre-decisional error in the November 2024 VA opinion, which did not address aggravation as a theory of entitlement. The claim must be remanded for an additional nexus opinion that fully addresses the Veteran's contentions and theory of entitlement.

The Board denied service connection for left knee strain, right knee strain, and lumbosacral strain as there was no evidence of in-service injury or disease.

The reduction of the Veteran's disability rating for lumbosacral degenerative arthritis from 40 percent to 20 percent was improper, and his rating is restored to 40 percent effective June 1, 2024.

The Veteran withdrew his appeals regarding chronic pain, left shoulder condition, sleep apnea, and traumatic brain injury (TBI). The appeal is dismissed.

The Board has granted a 40 percent rating for lumbosacral strain with degenerative disc disease from September 1, 2023 to November 18, 2023. The Veteran's residual scar status post lumbar discectomy is rated as noncompensable.

The Board has determined that the Veteran's OSA is related to his service-connected PTSD and other disabilities, resulting in a grant of service connection for OSA as secondary to these conditions.

The Veteran has withdrawn his appeal regarding the service connection for headache, insomnia, and obstructive sleep apnea disabilities.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of January 5, 2023. The decision found that the Veteran's intent to file a claim on January 5, 2023, and his subsequent supplemental claim application established his intent to seek readjudication of this previously denied claim.

The Board denied the Veteran's claims for service connection for sleep apnea and a left knee disability, finding that there was no persuasive evidence of current disabilities at any time during the pendency of his claim.,For the PTSD with unspecified anxiety disorder, unspecified depressive disorder, and sleep difficulties claim, the Board also denied an initial rating in excess of 50%.

The Veteran's OSA and asthma are currently rated at 60 percent, but the Board found that a higher rating is not warranted due to lack of evidence supporting daily use of systemic corticosteroids or immuno-suppressive medications for asthma.

The Veteran's lumbosacral strain and degenerative disc disease have been granted an initial disability rating of 20 percent, effective June 14, 2022.

The Board has denied service connection for a left knee disability and remanded the issues of right knee and lumbosacral spine disabilities due to insufficient evidence.

The Board has granted the Veteran's claims for service connection for obstructive sleep apnea and fibromyalgia, but denied his claims for service connection for right knee and left knee disorders. The appeals regarding chronic fatigue syndrome, heart disorder, lower extremity neuropathy, and tinnitus are being remanded.

The Board has granted service connection for Obstructive Sleep Apnea on a direct basis and awarded an initial 50 percent rating, but no higher, effective from March 6, 2017.

The Veteran's service-connected OSA is granted, and his hearing loss remains noncompensable. The claims for HTN and MDD are remanded.

The Board has granted service connection for an acquired psychiatric disorder and OSA secondary to the acquired psychiatric disorder.,Both conditions are found to have onset during service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and inadequate medical opinions. The AOJ is instructed to obtain missing treatment records and provide a VA clinician with an opinion regarding the etiology of the Veteran's neck and lower back conditions.