Sleep apnea Board decisions

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a VA examination and medical opinion regarding the etiology of his condition, including its relation to service and any toxic exposure. The AOJ must also address whether the PACT Act applies.

The Board has remanded the case due to insufficient opinions regarding secondary service connection for OSA. The Veteran's claim will be reconsidered with new VA opinions addressing whether his current OSA would exist without his service-connected conditions and if it would be less severe.

The Veteran's appeal is remanded for additional examinations and opinions regarding his claimed chronic fatigue syndrome, fibromyalgia, low back disorder, neck condition, and service connection.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence showing it was caused or aggravated by his service-connected tinnitus and that he did not have a disease or injury during active duty or thereafter. The Board also found that the presumptions under 38 C.F.R. § 3.309(a) do not apply.

The Veteran withdrew their appeals for the claimed conditions of bilateral shoulder condition, bilateral flat feet, OSA, neck/cervical spine condition, ED, and GERD before a decision was made by the Board.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left and right knee patellofemoral pain syndrome with iliotibial band tendonitis and PTSD.

The Board has denied the Veteran's claims for service connection for knee disorder, manifested by weakness and left shoulder disorder, manifested by loss of motion. The Board has also remanded the issues of service connection for an acquired psychiatric disorder (including anxiety, depression, and PTSD), irritable bowel syndrome (IBS), and obstructive sleep apnea (OSA).

The Veteran's combined rating was 70% prior to January 28, 2010. The Board denied TDIU for the period from February 2, 2009 to January 27, 2010 due to his ability to secure and follow a substantially gainful occupation.

The Veteran's obstructive sleep apnea is found to have begun during his service and continues to the present day, meeting the criteria for direct service connection.

The Veteran withdrew his appeal for service connection for sleep apnea before a hearing could be held.

The Veteran's initial ratings for cervical and lumbosacral spine intervertebral disc syndrome (IVDS) are being remanded due to a procedural error.

The Board has denied service connection for TBI due to lack of a current diagnosis. The claims for left knee, right knee, cervical strain, lumbosacral strain, right hip strain, and left hip strain are remanded as the VA examiners did not consider all relevant evidence and potential in-service causation.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea and therefore, service connection for this condition is denied.

The Veteran's appeals for a higher rating for lumbosacral arthritis and strain, as well as service connection for a left knee disorder, have been dismissed due to the death of the Veteran. The Board has no jurisdiction to adjudicate these claims because the Veteran died during the pendency of the appeal.

The Veteran's OSA is granted as service-connected. The reduction in the rating for his right wrist disorder from 30 percent to 10 percent effective March 1, 2019 was denied.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation prior to April 5, 2021. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 is also established.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Posttraumatic Stress Disorder (PTSD). The decision is based on medical opinions linking the OSA to the Veteran's obesity, which was related to his PTSD.

The Veteran's pulmonary disability, including pulmonary fibrosis and sleep apnea, warrants an initial rating of 100 percent for the entire period on appeal.

The Board has granted service connection for tinnitus, but the claims for lumbar spine disability, right ankle disability, left ankle disability, right foot disability, and left foot disability are remanded due to a duty to assist error. The claim for OSA is also remanded.

The Board has decided to remand the case due to an inadequate VA medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected spine disability. The Veteran's claim for secondary service connection is being sent back for further examination.