Sleep apnea Board decisions

Service connection for sleep apnea disorder was restored, and the claims of service connection for heart disorder and skin disorder were granted with effective dates.

The Board has granted the Veteran's claim for service connection of an obstructive sleep apnea disability, secondary to his service-connected posttraumatic stress disorder.

The Veteran's appeal of the proposed reduction in his disability rating for lumbosacral strain with degenerative disc disease, anterolisthesis and anteriorthoracic compression fractures, and mild levoconvex scoliosis from 40 to 20 percent is dismissed. The appeal of his claim for service connection for radiculopathy of the right lower extremity is also dismissed as he was granted this benefit in a September 2024 supplemental claim rating decision.

The Board denied service connection for degenerative arthritis lumbosacral spine as the evidence did not support a finding that it was related to an in-service injury or disease.

The Board has denied service connection for a deviated septum and remanded the claim of service connection for sleep apnea due to potential secondary service connection based on obesity.

The Board remands the matter for an addendum opinion addressing the etiology of the Veteran's obstructive sleep apnea.

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

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as it is considered to have had its onset during active duty service.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's service-connected residuals of mandibular osteotomy caused or aggravated his obstructive sleep apnea, and thus grants service connection for this condition.

The Board has found a pre-decisional duty-to-assist error due to missing VA treatment records and examination reports, which may be pertinent to the appeal of the grant of service connection for obstructive sleep apnea. The case is REMANDED to obtain these records.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected adjustment disorder with anxiety and depressed mood; degenerative arthritis of the lumbar spine; and/or status post balloon dilation with mild dysphagia, including obesity as an intermediate step. As such, the claim for secondary service connection for obstructive sleep apnea has been granted.

The Board has reinstated the Veteran's lumbosacral strain rating from 40% to 20%, effective September 1, 2022. The reduction was not proper due to a failure to show actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Veteran withdrew his appeal for service connection of shoulder strain and sleep apnea, thus the Board dismissed these issues.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's obstructive sleep apnea, as the AOJ failed to obtain such an examination in its initial decision.

The Board has granted service connection for obstructive sleep apnea and an initial rating of 30 percent for migraine headaches. The Veteran's OSA is found to be caused by his already service-connected GERD, while his migraines are characterized by characteristic prostrating attacks occurring once a month.

The Board has decided to remand the cases of service connection for obstructive sleep apnea and bilateral foot disorder due to incomplete or inaccurate factual premises in previous opinions. Additional medical opinions are needed regarding the etiology of these conditions.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is not related to his service or service-connected PTSD.

The Board has decided to remand the case due to inadequate examination and needs a new opinion on whether service-connected disabilities caused or aggravated obesity, which in turn led to obstructive sleep apnea.

The Board has determined that the Veteran's sleep apnea is proximately due to service and grants service connection for this condition.

The Veteran's claims for service connection have been remanded due to the need for additional medical examinations and records.