Sleep apnea decisions — 2026

The Board denied readjudicating the claim for service connection for obstructive sleep apnea due to lack of new and relevant evidence. The claim for bilateral hearing loss was granted as it is at least as likely as not related to service. The claims for diabetes mellitus and hypertension were dismissed as there are no justiciable issues remaining.

The Veteran's service-connected lumbar spine disability, rated at 40 percent, has rendered him unable to secure and follow substantially gainful employment since May 10, 2018.

The Board dismissed the Veteran's appeal for service connection of asthma, as it was granted in a prior decision. The appeals for acquired psychiatric disorder (anxiety and PTSD), right hamstring condition, neck strain, and sleep apnea were all denied due to lack of evidence supporting these conditions.

The Board has remanded the case due to inadequate opinions regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected PTSD.

The Board has denied service connection for allergic rhinitis and remanded the issue of service connection for obstructive sleep apnea due to a duty to assist error.

The Veteran's obstructive sleep apnea was incurred in active service and the Board has granted service connection for this condition.

The Veteran's DDD with lumbosacral strain was not manifested by limitation of forward flexion of the thoracolumbar spine to 60 degrees or less, a combined range of motion of 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour prior to May 20, 2024. As such, the Veteran's claim for an initial disability rating in excess of 10 percent for DDD with lumbosacral strain is denied.

The Board has granted service connection for obesity and OSA as secondary to the Veteran's service-connected lumbar disorder. Obesity was found to have resulted in functional impairment of earning capacity, contributing to persistent daytime hypersomnolence related to OSA.

The Veteran's claim for separate ratings for asthma and obstructive sleep apnea is denied as VA cannot assign separate evaluations for these conditions due to the prohibition in 38 C.F.R. § 4.96(a). The current rating of 50% for both conditions remains unchanged.

The Veteran's service-connected disabilities (obstructive sleep apnea, tinnitus and hypertension) do not prevent him from securing or following a substantially gainful occupation.

The Board has determined that the AOJ did not consider all evidence submitted by the Veteran and representative, including a home sleep test that revealed moderate OSA. The Board also found inadequate medical opinions regarding the cause of the Veteran's obstructive sleep apnea (OSA). Therefore, the case is being remanded to obtain an addendum opinion addressing these issues.

The Board has granted the Veteran's appeal, finding that his February 12, 2020 Notice of Disagreement was timely filed and should be considered as an appeal of the April 2019 rating decision denying service connection for obstructive sleep apnea.

The Board dismissed the appeal for sleep apnea. The right shoulder disorder and gastrointestinal disabilities (GERD, IBS, ulcerative colitis) are granted as secondary to service-connected conditions.

The Veteran's claims for service connection for COVID-19, sleep apnea, and gingivitis have been denied. The Board found no current disability related to these conditions.,Service connection was granted for tinnitus, Raynaud's disease, and iron deficiency anemia.

The Board has remanded the Veteran's claims for increased ratings for his neck and back disabilities due to inadequate pre-decisional duty-to-assist errors in the March 2018 and March 2019 VA examinations. The TDIU claim is also being remanded as it was raised during the course of the increased rating claims.

The Board has remanded the claims for PTSD, Erectile Dysfunction, and Obstructive Sleep Apnea due to insufficient evidence of in-service stressors. The Veteran's service connection claim for PTSD remains denied as his reported stressor events are not credible.

The Veteran's OSA and COPD with cough variant asthma are rated at a combined 50 percent, but the Board found that separate ratings for these conditions violate VA regulations. The Veteran is now granted an initial rating of 60 percent for his respiratory conditions under DC 6833-6847.

The Veteran's psychiatric disorder is not service-connected, but his obstructive sleep apnea was found to have begun during active service.

The Veteran's claims for increased evaluations and a TDIU are being remanded due to the need for additional medical opinions regarding the severity of his service-connected disabilities. The effective date claim is denied as the Veteran is already service connected from August 5, 2020.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected fibromyalgia and her obstructive sleep apnea (OSA). Specifically, a new opinion is needed on whether obesity caused by fibromyalgia could serve as an intermediate step in causing OSA.