Sleep apnea Board decisions

The Board has found that there is a pre-decisional duty to assist error due to the inadequacy of the June 2023 VA examination. The Veteran's low back disability was rated under Diagnostic Code 5242, which does not contemplate the ameliorative effects of medication.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the cause of his chronic respiratory disorder and obstructive sleep apnea. The AOJ must provide VA examinations to determine these issues.

The Board has determined that the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected right knee disorder, and thus grants service connection for this condition.

The Board has remanded the Veteran's claim for service connection for fatigue, including CFS, due to a pre-decisional duty to assist error. The AOJ will consider additional evidence when the claim is readjudicated.

The Board has determined that the severance of service connection for high blood pressure/hypertension was proper. The Veteran's claims for back disability, sleep apnea syndrome, and acquired psychiatric disabilities (anxiety and depression) are remanded due to inadequate examination reports.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence of a nexus between his current OSA and his military service.

The Veteran seeks a higher evaluation for his service-connected obstructive sleep apnea. The Board finds that VA has not made reasonable efforts to obtain and consider potentially relevant private treatment records from the non-VA provider, which represents a pre-decisional duty to assist error.

The Board has remanded the case due to insufficient opinions regarding service connection for obstructive sleep apnea (OSA), including as secondary to service-connected posttraumatic stress disorder (PTSD). The VA is required to obtain an addendum opinion addressing whether OSA had its onset in service, is related to toxic exposure risk activities, and was aggravated by PTSD.

The Board has remanded the case due to a duty to assist error in obtaining an adequate VA opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities, particularly chronic sinusitis and orthopedic conditions.

The Board has denied service connection for diabetes mellitus and obstructive sleep apnea, finding that the conditions were not incurred or aggravated by military service.

The Board has granted service connection for obstructive sleep apnea on a secondary basis, finding that it is proximately aggravated by the Veteran's service-connected posttraumatic stress disorder.

The Board has determined that there was a pre-decisional error in the duty to assist and remands the case for further development.

The Veteran's claims for right upper extremity, left upper extremity, right lower extremity, and left lower extremity peripheral neuropathy as well as cervical spinal stenosis have been granted. The claim of service connection for hypertension (HTN) has also been granted as secondary to service-connected PTSD.,The Veteran's claims for obstructive sleep apnea (OSA) and right shoulder disability have also been granted as secondary to service-connected PTSD.

The Board has determined that new and relevant evidence has been submitted to warrant readjudication of the claim for service connection for obstructive sleep apnea. The case is being remanded for further review.

The Veteran requested to withdraw his appeal for service connection of obstructive sleep apnea, and the Board has dismissed this issue.

The Board has granted service connection for a lumbosacral strain on a direct basis, finding that the Veteran's credible lay accounts and consistent symptoms outweigh any negative medical opinions. The decision is based on reasonable doubt being resolved in favor of the Veteran.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected PTSD and allergic rhinitis.

The Veteran's OSA requires the use of a breathing assistance device such as a CPAP machine, and his disability rating is granted at 50 percent.

The Veteran's claim for an earlier effective date prior to November 1, 2019, for the initial grant of service connection for sleep apnea is denied. The earliest allowable effective date under law is the date of receipt of the VA Form 20-0995.

The Veteran's service-connected depression and McArdle's and Tauri's diseases are found to have caused or aggravated his sleep apnea (OSA). The claim for service connection is granted.