Sleep apnea decisions — 2024

The Board has found a pre-decisional duty to assist error and remands the case for further development, including obtaining an updated VA medical opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has remanded the claims of service connection for obstructive sleep apnea and major depressive disorder due to insufficient evidence regarding their etiology. The Veteran's contentions about onset during service are considered, but a VA examination is needed to determine if these conditions are related to his military service.

The Veteran's claims of service connection for an acquired psychiatric disorder, a bone fracture in the left leg, and obstructive sleep apnea have been dismissed due to improper filing of appeals.

The Veteran's claims for increased ratings and service connection have been remanded due to duty-to-assist errors. The issues of service connection for lumbosacral strain, fibromyalgia, and Charcot foot are inextricably intertwined.

The Veteran's claims for service connection for various conditions, including anxiety, PTSD, depression, allergies, a right leg disability, bilateral shoulder disabilities, carpal tunnel syndrome, hair loss, sleep apnea, and low back and neck disabilities are denied.,The Veteran's claim for service connection for tinnitus is also denied.

The Board has granted service connection for lumbosacral strain and right shoulder strain, finding that the Veteran's current disabilities are related to in-service injuries.

The Board has decided to remand the case due to a duty to assist error and further development is needed. The Veteran's obstructive sleep apnea may be related to service-connected asthma, but the examiner did not address causation or aggravation properly. A VA medical opinion on burn pit exposure is also required.

The Board has dismissed the appeal due to a withdrawal by the appellant's authorized representative prior to the promulgation of a decision.

The Board has granted service connection for obstructive sleep apnea on a secondary basis as it is aggravated by the Veteran's service-connected psychiatric disability.

The Board has decided to remand the case due to a lack of an adequate VA examination for secondary service connection, specifically regarding PTSD and chronic lumbosacral strain.

The Board has determined that there was a pre-decisional duty to assist error and remanded the case for further development, including obtaining an addendum opinion from a medical professional regarding the nature and etiology of fibromyalgia.

The Veteran's tinnitus and asthma have been granted service connection. The Veteran's headaches are remanded for a secondary service connection opinion, and her sleep apnea is also remanded for an aggravation of service-connected condition opinion.

The Veteran's service-connected depression is found to be proximately due to his herpes genitalis, and therefore granted for secondary service connection. The issue of service connection for obstructive sleep apnea remains pending as a remand is required.

The Veteran's claim for an earlier effective date of October 19, 2017, for the award of service connection for lumbosacral strain is granted. The Board finds that the RO's decision was based on newly added official service department records and resolves all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is related to service or secondary to his service-connected psychiatric disorder.

The Veteran's Parkinson's-like symptoms are granted service connection as presumptively related to herbicide agent exposure during active duty. The claim for sleep apnea is remanded due to the need for a toxic risk exposure activity (TERA) opinion.

The Board has remanded the Veteran's claim of service connection for degenerative disc disease, lumbosacral spine due to a lack of consideration of all relevant evidence and an inadequate medical opinion.

The Board has remanded the Veteran's claims due to a lack of access to certain medical records stored in Vista Imaging or similar repositories. The AOJ is instructed to obtain and associate with the claims file complete updated clinical records, including those from VA and non-VA treatment providers.

The Board has granted effective dates of June 6, 2019 for the grant of service connection for sleep apnea and tinnitus. The date of entitlement is at least as late as June 6, 2019.

The Board has granted service connection for lumbosacral strain, but denied service connection for bilateral hearing loss.,For the initial compensable ratings of right and left fifth finger closed fractures, the case is being remanded.