Sleep apnea Board decisions

The Veteran withdrew their appeal, and the Board dismissed the case as a result.

The Veteran's claims for service connection of recurrent lumbosacral spine, right knee, and left knee disabilities are remanded due to the need for additional medical examinations.

The Veteran's appeal for the claims of entitlement to service connection for joint osteoarthritis, left knee; hypertension; obstructive sleep apnea; and hypothyroidism, secondary to service-connected squamous cell carcinoma has been withdrawn by the Veteran's attorney.

The Veteran's claim for an initial compensable rating for erectile dysfunction was denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic code.,The Veteran's claims for service connection for sleep apnea and major depression with anxiety were remanded due to insufficient development of the record.

The Veteran's obstructive sleep apnea is found to be proximately due to or aggravated by his service-connected posttraumatic stress disorder, and thus granted as secondary service connection.

The Board has decided to remand the case due to inadequate examination opinions regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea, as well as the potential role of obesity in causing or aggravating his OSA.

The Board has granted service connection for cervical spine degenerative arthritis, right shoulder rotator cuff tear, right hip disability (iliopsoas tendinitis, strain, and trochanteric pain syndrome), left hip disability (strain and trochanteric pain syndrome), migraine headache disability, and obstructive sleep apnea on a direct basis.,The Board has also granted service connection for the Veteran's migraine disability and OSA secondary to his service-connected lumbar spine disability.

The Board has remanded the Veteran's claims for service connection for CAD, diabetes, hypertension, and OSA as secondary to multiple service-connected disabilities, including obesity as an intermediary step. The AOJ is instructed to obtain addendum opinions from a VA examiner regarding TERA exposure, causation, aggravation, and obesity.

The Board has remanded the case due to a failure to comply with the duty to assist, and is requesting new VA examination opinions on direct service connection for OSA and secondary service connection for OSA as caused by major depressive disorder.

The Board has determined that the evidence is at least in equipoise that the Veteran's obstructive sleep apnea was caused by obesity, which developed due to his service-connected persistent depressive disorder with anxious distress. Therefore, the claim for secondary service connection for sleep apnea is granted.

The Veteran's service-connected disabilities, including unspecified anxiety disorder with unspecified depressive disorder, bilateral knee retropatellar pain syndrome and residuals of left foot fracture with secondary MTPJ, are found to have caused his obesity, which in turn led to his obstructive sleep apnea. Service connection for obstructive sleep apnea is granted.

The Board has decided to remand the case due to a lack of consideration of the appellant's lay statements in the VA clinician's opinion, and to obtain an additional medical opinion addressing the service connection for sleep apnea.

The Board has remanded the case due to new evidence and a need for an adequate TERA examination under the PACT Act. The Veteran's obstructive sleep apnea is presumed related to toxic exposure, but secondary service connection on aggravation of PTSD must be addressed.

The Board has decided to remand the case due to a duty-to-assist error, and will schedule the Veteran for a new VA examination to determine if his obstructive sleep apnea had its onset during service or is otherwise related to service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no persuasive evidence linking his OSA to in-service events or toxic exposure. The Board also found that it is less likely than not that PTSD aggravated his OSA.

The Board denied service connection for OSA, finding that the Veteran's current diagnosis of OSA did not begin during active service and is not related to any in-service injury or disease.

The Board has remanded the cases of OSA and asthma due to insufficient compliance with prior remand instructions. The Veteran's service-connected PTSD is alleged to be related to his sleep disturbances, including nightmares treated with a CPAP machine.

The Board has remanded the claims for increase in disability evaluations and total disability evaluation due to individual unemployability prior to June 3, 2024. The Veteran's disabilities need further assessment by VA medical personnel.

The Veteran's combination of service-connected disabilities, including major depressive disorder with PTSD, obstructive sleep apnea, irritable bowel syndrome, and multiple orthopedic conditions, prevents him from securing or following substantially gainful employment. Effective January 23, 2019, he is granted a TDIU rating.

The Board has determined that the Veteran's sleep apnea had its onset during his active service and granted entitlement to service connection for this condition.