Sleep apnea decisions — 2022

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and is related to it, granting service connection.

The Veteran's claim for an earlier effective date for lumbosacral strain service connection is denied. The Board also remanded the issue of sleep apnea secondary to PTSD.

The Board has determined that there was a duty to assist error in not obtaining a medical opinion prior to issuing the March 2021 decision on appeal for service connection for the cause of the Veteran's death. The case is being remanded for further development.

The Board has decided to remand three issues: service connection for obstructive sleep apnea, a higher rating for cervical spine disability, and a separate rating for bilateral upper extremity radiculopathy associated with cervical spine disability. The Veteran's claims are being returned due to pre-decisional duty to assist errors.

The Veteran's initial rating for sleep apnea, including idiopathic pulmonary fibrosis, is granted at a 50 percent level.

The Veteran's service-connected disabilities result in the loss of use of both lower extremities, requiring him to rely on assistive devices for mobility. The Board has granted financial assistance in acquiring specially adapted housing due to his permanent and total service-connected disability.

The appeal is dismissed as the September 2022 Statement of the Case renders moot the issue regarding the timeliness of VA Form 21-0958, Notice of Disagreement received on July 18, 2019 challenging a July 18, 2018 decision which denied reopening previously-denied claims for service connection.

The Board has found the March 2021 decision inadequate and remanded for an updated medical review to determine if the Veteran requires personal care services each time he completes one or more activities of daily living, including dressing, bathing, and toileting. The decision also notes that the Veteran may require regular supervision, protection, or instruction to keep himself safe.

The Board has withdrawn the Veteran's appeals for service connection for sleep apnea, obstructive airway disease (claimed as respiratory disorder), and earlier effective dates for PTSD, radiculopathy of the left lower extremity, degenerative arthritis of the lumbar spine with IVDS, and benefits under 38 U.S.C. Chapter 35 for Dependents Education Assistance. The Board has also referred the Veteran's appeal for an earlier effective date for a TDIU to VA's Director of Compensation Service for extraschedular consideration.

The Board has remanded several issues including service connection for various disabilities and increased ratings, as well as an earlier effective date claim. The Veteran's claims are now pending with the RO.

The Board has remanded the case due to deficiencies in the July 2020 VA examination opinion and the need for additional private medical records from Kaiser Permanente.

The Board has decided to remand the cases of sleep apnea and bilateral hearing loss for further development. The Veteran's service connection claims are being reviewed due to inadequate opinions provided by VA examiners.

The Veteran's obstructive sleep apnea was granted service connection as it is considered to have originated during his active duty service.

The Veteran's claim for service connection for obstructive sleep apnea was denied as the evidence did not support a finding that his OSA was incurred in or caused by service, to include as secondary to PTSD.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for right eye blindness was denied due to lack of fault on part of VA and no unforeseen event.

The Veteran's back condition is granted service connection, while the right shoulder condition remains in dispute and remanded.

The Board has remanded the Veteran's claims for service connection for sleep apnea, an increased rating for left knee disability, and TDIU due to unresolved medical issues and lack of sufficient evidence.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition had its onset during his military service and is related to his in-service symptoms. The claim was reopened due to new evidence submitted since the previous denial.

The Veteran's lumbosacral strain has been rated at 10 percent, and the Board finds that a remand is necessary to evaluate the current severity of his condition.

The Board has remanded the case due to inadequate rationale in the VA opinions regarding the Veteran's obstructive sleep apnea. A new VA examination is needed to determine if his current diagnosis of obstructive sleep apnea is related to service.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the Veteran's obesity from his service-connected disabilities is a substantial factor in causing this condition. Service connection for an acquired psychiatric disorder was denied due to lack of evidence linking it to service.