Sleep apnea decisions — 2026

The Veteran's lumbosacral strain is granted service connection, and her left-hand condition and right-hand disability are denied.

The Board has decided to remand the case due to a need for a new character of discharge determination under revised regulations. The issues on appeal include both the service connection for hearing loss, tinnitus, and sleep apnea as well as the characterization of the Appellant's discharge.

The Veteran's claims for higher ratings for her left knee and lumbar spine disabilities have been remanded. The Board denied service connection for left ear hearing loss, residuals of status post left knee surgeries, and a left knee surgical scar as they were not shown to be related to active military service.

Your appeals for service connection and increased rating were not timely filed, so your attempts to appeal have been dismissed.

The Board has determined that new evidence was received to reconsider the Veteran's claims for obstructive sleep apnea and chronic fatigue syndrome. The VA examiner failed to obtain relevant private treatment records from Cox Health, which could have provided important information about the Veteran's conditions. Additionally, the June 2023 VA opinion did not address the reference to the April 1990 exit examination report. The Board also found that the November 2023 VA examination was inadequate and based on inaccurate facts.

The Board has determined that there was a pre-decisional duty to assist error and requires additional examination and opinion regarding the service connection for obstructive sleep apnea, specifically addressing whether it is aggravated by the service-connected posttraumatic stress disorder.

The Veteran's appeal for an earlier effective date and increased evaluation for a right foot disability, as well as eligibility for DEA benefits, was granted. The Veteran also received restoration of evaluations for ocular hypertension, right foot scar, and hypertension.

The Veteran's service-connected disabilities, including congestive heart failure, obstructive sleep apnea, depressive disorder, chronic kidney disease, and partial amputation of fingers with ankylosis in the right hand, prevented him from obtaining and retaining substantially gainful employment. The Board granted TDIU based on these conditions.

The Board denied the Veteran's claim for service connection for Obstructive Sleep Apnea as secondary to his service-connected adjustment disorder with depression, finding that the evidence did not support a causal link between the two conditions.

The Veteran's obstructive sleep apnea was manifested by persistent daytime hypersomnolence, warranting a 30% evaluation for the period from December 27, 2016 to December 10, 2017.

The Board has denied service connection for COPD and remanded the issue of service connection for OSA due to insufficient evidence.

The appeal seeking service connection for anemia has been dismissed. The claims for service connection for sleep apnea and headaches have been remanded.

The Board has decided to remand the claims for Chronic Lymphocytic Leukemia, Splenomegaly, and Obstructive Sleep Apnea due to errors in obtaining relevant medical records and conducting necessary examinations.

The Board has dismissed the appeals for increased disability ratings for obstructive sleep apnea and moderate major depressive disorder due to the Veteran's death during the appeal process.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active military service and remands for further examination and opinion regarding whether it is proximately due or aggravated by his service-connected left shoulder disability.

The Veteran's TDIU claim, including extraschedular consideration, is remanded due to a pre-decisional duty-to-assist error. The case should be referred to the Director of Compensation Service for consideration of whether a TDIU on an extraschedular basis is warranted.

The Veteran's service-connected lumbosacral strain with degenerative arthritis is granted a 20 percent rating, effective from the date of this decision.

The Veteran's OSA with RAD is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case due to a duty to assist error in obtaining an inadequate medical opinion regarding whether the Veteran's service-connected diabetes mellitus with erectile dysfunction caused or aggravated his obstructive sleep apnea. The claim is now pending for further review.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during service and have continued since then.