Sleep apnea decisions — 2021

The Board has granted service connection for acquired psychiatric disorder, migraine headaches, hypertension, and obstructive sleep apnea as secondary to the Veteran's service-connected left inguinal hernia surgery, left inguinal hernia, and tinnitus. The preponderance of evidence supports these claims.

A 20% evaluation for the service-connected lumbosacral strain (back disability) is granted from June 8, 2011 to September 5, 2013.,Effective March 17, 2015, a TDIU on a schedular basis is granted. A TDIU on an extraschedular basis is remanded.

The Veteran's hypertension has been granted service connection. The left trunk disability, hypothyroidism, and other conditions have been remanded for further evaluation.

The Veteran's claims for earlier effective dates for ratings of his left hip and lumbosacral spine disabilities have been denied as a matter of law.,The claim for an earlier effective date for the bronchial asthma rating has also been denied, with the earliest possible effective date being March 6, 2009.

The Veteran's OSA was not incurred in service or aggravated by service, nor is it proximately due to, aggravated by, or the result of a service-connected disability.,The Veteran's DM was not incurred in service or aggravated by service, nor is it proximately due to, aggravated by, or the result of a service-connected disability.

The Board has remanded the case due to insufficient reasoning in the previous decision and a need for a new medical opinion regarding the etiology of the Veteran's OSA.

The Veteran's claims for service connection for obstructive sleep apnea, tinnitus, and bilateral hearing loss have been remanded due to the need for further evidentiary development.,For his claim of service connection for bilateral hearing loss, the VA examiner was unable to provide a diagnosis or opinion without resorting to speculation.

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

The Board has determined that the Veteran's service-connected disabilities have rendered her unable to self-care for some daily personal needs and to protect herself from the hazards of daily life without the assistance of another person, warranting SMC based on the need for A&A.

The Board has granted service connection for obstructive sleep apnea, finding that it was aggravated by the Veteran's service-connected chronic tonsilitis with pharyngitis.

The Board has granted earlier effective dates of August 7, 2009 for both TDIU and eligibility for Dependents' Educational Assistance (DEA) benefits. The Veteran's combined evaluation of his service-connected disabilities as of August 7, 2009, was 70 percent.

The Board has decided to remand the case due to a duty-to-assist error in the December 2020 decision, requiring an addendum opinion on the etiology of the Veteran's sleep apnea.

The Board has granted service connection for scoliosis and degenerative arthritis of the spine, but denied service connection for residuals of surgical removal of a spinal cord tumor due to syringomyelia. The Board found that the Veteran's scoliosis is acquired rather than congenital, and that his symptoms of spine arthritis were chronic in service and continuous since separation.

The Board has decided to remand the Veteran's claims for sleep apnea, post thoracotomy pain syndrome, and tender long thoracotomy scar with cross shaped scars due to additional delay caused by new evidence provided by the Veteran.

The Board has determined that the Veteran's sleep apnea with limb movements had its onset during his active military service and is therefore granted service connection.

The Board has decided to remand the case due to the need for a new VA examination and opinion regarding service connection for sleep apnea, as well as whether it is caused or aggravated by a service-connected psychiatric disorder.

The Veteran's claim for service connection for sleep apnea is remanded due to insufficient medical evidence. A VA examination is needed to determine if his current disability may be associated with his in-service symptoms.

The Board has decided to remand the case due to missing service treatment records and unobtained VA outpatient treatment records. The Veteran's claim for service connection for a lumbosacral spine disability will be reconsidered.

The Veteran's OSA is remanded for further development, including a new VA examination to determine the etiology of his sleep apnea and whether it is related to service or aggravated by his service-connected tinnitus.

The Veteran's claim of service connection for sleep apnea as secondary to his service-connected disabilities is remanded due to the need for a VA examination to assess the nature and etiology of the disability, including whether it was caused or aggravated by any other service-connected conditions.