Sleep apnea Board decisions

The Veteran's service-connected PTSD, along with other disabilities, has resulted in an effective date of April 7, 2022 for the award of TDIU and Dependents' Educational Assistance. The rating for obstructive sleep apnea was also granted on this date.

The Veteran's claims for service connection for GERD and a higher rating for lumbosacral strain residuals and spondylosis are being remanded due to the need for additional medical examinations.

The Veteran's service-connected anxiety disability may have impacted his sleep apnea, and a new VA examination is needed to address this relationship.

The Board has decided that the Veteran's OSA is related to his service and remands for further examination and opinion regarding its cause, aggravation by PTSD, and TERA exposure.

The Board has remanded the Veteran's claims for bilateral knee conditions and sleep apnea due to pre-decisional duty-to-assist errors. The claims will be reconsidered with new examinations and medical opinions.

The Board dismissed the appeal due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Board has determined that the evidence is insufficient to establish service connection for OSA, and remands the case for further development.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities due to a lack of adequate medical opinions addressing this theory. The case will be returned to the AOJ for further action.

The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.

The Board has remanded the case due to deficiencies in the record existing prior to the appealed decision, including inadequate VA examinations and failure to obtain a toxic exposure risk activity (TERA) opinion for sleep apnea. The Veteran's representative raised concerns about the adequacy of previous opinions and the need for additional development.

The appeal is dismissed because the Veteran attempted a concurrent election when he submitted a VA Form 10182, which is prohibited by the claims-processing rules.

The Board has decided to remand the claim of service connection for obstructive sleep apnea as secondary to PTSD due to inadequate medical opinion regarding whether the Veteran's current sleep apnea is caused or aggravated by his service-connected PTSD.

The Veteran's claims for service connection and increased rating have been granted. The case is remanded for additional development related to the claims of service connection for OSA, IBS, right elbow condition, left elbow condition, and neck condition.

The Board has determined that a remand is needed to correct a pre-decisional duty to assist error and obtain an additional medical opinion regarding the Veteran's sleep apnea.

Service connection for OSA is granted, and the Veteran's initial ratings for atrial fibrillation, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, right upper extremity neuralgia, and left upper extremity neuralgia are all granted at 10 percent.

The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.

The Board has remanded the claims of service connection for diabetes mellitus, an acquired psychiatric disorder (claimed as PTSD), obstructive sleep apnea, headaches, old myocardial infarction, and stable angina due to insufficient evidence or lack of proper examination.

The Board denied the appellant's request for direct payment of attorney fees based on past-due benefits awarded in an August 2024 rating decision, as the decision was not a result of a valid appeal and did not address all issues raised.

The Veteran's claims of service connection for degenerative disc disease with lumbosacral strain and scoliosis, previously claimed as spinal arthritis, and left-side mallet finger were denied. The evidence submitted was found to be new but not relevant to the claim.

The Board dismissed the appeal for service connection of hypertension and obstructive sleep apnea due to the appellant's withdrawal before a decision was made.