Sleep apnea decisions — 2022

The Board has decided to remand the case due to a duty to assist error, and will need to obtain a VA medical opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Veteran's appeal for an effective date earlier than July 16, 2004, for the grant of service connection for sleep apnea is denied as there was no formal or informal claim prior to that date.

The Veteran's appeal was dismissed due to his death before the Board could hear his case. The claims for service connection and TDIU are moot as he died during the pendency of these appeals.

The Veteran's claims of service connection for hypertension, sleep apnea, bilateral foot fungus, a skin disability, and erectile dysfunction are granted due to presumed herbicide exposure under the PACT Act. The issues of service connection for sleep apnea, bilateral foot fungus, a skin disability, and erectile dysfunction are remanded.

The Veteran's claims for service connection for sleep apnea, right lower extremity radiculopathy, left lower extremity radiculopathy, and right achilles disability are granted as secondary to his service-connected right knee disability. The Board finds that the evidence supports these claims.

The Veteran's obstructive sleep apnea is found to have first manifested during his military service, specifically as a result of PTSD and aggravated by it. The Board granted service connection for OSA on the basis that it was secondary to a service-connected condition.

The Board denied service connection for a low back disability, skin condition, tinea pedis, and seborrheic dermatitis. The claim was reopened due to new evidence submitted, but the underlying claims were ultimately denied.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected acquired psychiatric disorder.,An effective date of August 1, 2016, for the grant of a 50 percent disability rating for bilateral pes planus is granted. The earlier effective date of October 10, 2012, but no earlier, is also granted for this condition.,The Veteran's service connection claim for a lumbar spine disorder secondary to his bilateral pes planus is remanded.

The Veteran's claim for service connection has been reopened and is granted. The Board finds new and material evidence to support the reopening of his claims for service connection for an acquired psychiatric disorder, gastrointestinal condition (GERD), cervical spine disability, skin disability, sinusitis, rhinitis, headache disability, and sleep disorder.

The Board has remanded the Veteran's claims for obstructive sleep apnea and dental condition, including TMJ disorder, osteomyelitis, tremors, trismus, and jaw pain, due to insufficient evidence in previous opinions. The case will be returned for further development.

The Veteran's sleep apnea is related to his military service and the Board has granted service connection for this condition.

The Veteran's claims for service connection for recurrent right testicular disability and recurrent lumbosacral spine disability are being remanded due to the need for further medical examination and evaluation.

The Veteran's claims for various conditions, including sleep apnea, shoulder arthritis, hip arthritis, GERD, knee disabilities, eye disabilities, and liver disability are being remanded due to the need for additional medical examinations to determine the nature and etiology of these conditions.

The Veteran's degeneration of lumbar or lumbosacral intervertebral disc was granted a 20 percent rating for the appeal period beginning on April 11, 2020.

The Veteran's claims for service connection for right and left knee disorders have been dismissed as the Veteran withdrew his claims during a Board hearing.,Service connection has been granted for hypertension, obstructive sleep apnea (as secondary to hypertension), and glaucoma (as secondary to hypertension).

The Veteran's hypertension is granted as presumed due to herbicide agent exposure in Vietnam, while his sleep apnea remains denied.

The Veteran's claims for service connection and increased ratings have been dismissed. The Board has not made a decision on the remaining issues due to their complexity.

The Board has determined that the Veteran's sleep apnea is not related to service and cannot be considered secondary to his service-connected PTSD or diabetes mellitus. Therefore, the claim for service connection for sleep apnea is denied.

The Board dismissed the claim for service connection for obstructive sleep apnea as it was granted in a previous rating decision, and no further appeal is pending.

The Board has remanded the case for a VA examination addendum to determine whether the Veteran's OSA is related to his service, specifically his service in Southwest Asia. The examiner must provide opinions regarding the etiology and pathophysiology of the Veteran's condition.