Sleep apnea Board decisions

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected asthma, finding that OSA is caused and/or aggravated by his asthma.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not related to his active duty service or any service-connected disabilities.

The Veteran's major depressive disorder is rated at 100 percent, and he has additional disabilities independently ratable at or above 60 percent. The Board granted SMC at the housebound rate based on his service-connected conditions. However, the claim for SMC(k) related to erectile dysfunction caused by medication for major depressive disorder was remanded due to insufficient medical evidence.

The Board has decided to remand the case due to the need for an adequate secondary service connection opinion regarding the Veteran's obstructive sleep apnea, which is claimed as being related to his service-connected mood disorder.

The Board has granted the Veteran's claim for service connection for a back disability, finding that his current diagnosis is caused by or proximately due to his service-connected right and left knee disabilities.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected knee and hip disabilities, with obesity serving as an intermediate step.

The Board has granted service connection for lumbosacral strain and right lower extremity radiculopathy with an effective date of December 30, 2020.

The Veteran's appeals for service connection for Meniere's syndrome and ear conditions, including benign paroxysmal positional vertigo, are dismissed due to untimely filing of the VA Form 10182. The appeal for an earlier effective date for a 50 percent rating for obstructive sleep apnea is also dismissed.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected right hand crush injury residuals. The VA needs to provide an opinion on both direct and secondary service connection.

The Veteran's appeal for higher ratings on several conditions, including lumbosacral strain with intervertebral disc syndrome and right lower extremity radiculopathy, has been remanded. The issues of scar rating have been withdrawn.

The Veteran's obstructive sleep apnea is found to have begun in service and has persisted since, granting the claim for service connection.

The Board denied the Veteran's claims of service connection for sleep apnea, TBI, and a neck/cervical spine disorder due to lack of evidence showing these conditions were incurred or aggravated during service.

The Board has decided to remand the case due to a failure to comply with VA's duty to assist in obtaining an adequate medical opinion and because the Board failed to provide an adequate statement of reasons or bases for its decision. The Veteran's claim for service connection for OSA, secondary to PTSD, is being remanded for further development.

The Veteran's claims for effective dates earlier than May 6, 2021 for service connection were denied as there was no pending formal or informal claim left unadjudicated by VA.

The Board has determined that there was a duty to assist error in failing to obtain an adequate opinion regarding the relationship between the Veteran's OSA and his military service, specifically hazardous environmental exposures during the Gulf War. The case is being remanded for further review.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is related to his in-service herbicide exposure. The AOJ must arrange for a VA examination and provide an opinion regarding whether the Veteran's sleep apnea is directly related to his military service or due to combined toxic exposure.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to PTSD, finding that the evidence is at least evenly balanced as to whether PTSD caused or aggravated the Veteran's sleep apnea.

The Board has granted service connection for sleep apnea, which is aggravated by the Veteran's service-connected PTSD.

The Veteran's sleep disorder, including insomnia and obstructive sleep apnea, is related to his active service due to presumed herbicide agent exposure in Thailand. The Board granted the claim for service connection.

The Board has determined that there was a duty to assist error and remands the case for an addendum opinion addressing whether the Veteran's service-connected left foot disability caused or aggravated his obesity, which in turn may have contributed to his obstructive sleep apnea.