Sleep apnea Board decisions

The Board has determined that there are missing service treatment records and personnel records from the Veteran's periods of active service and Army Reserve membership. The effective dates for the awards of service connection for left ear hearing loss, tinnitus, and obstructive sleep apnea need to be clarified based on the Veteran's discharge or release status.

The Veteran's depression is granted as secondary to his service-connected obstructive sleep apnea. The Veteran's TDIU claim is denied due to his gainful employment during the period on appeal.

The Veteran's claim for an increased rating for lumbosacral strain and degenerative arthritis was granted, with a disability rating of 40 percent effective March 5, 2020. The Board found that the evidence supported this decision based on the March 2020 VA examination.

The Veteran's appeal for increased ratings for tinnitus, bilateral hearing loss disability, obstructive sleep apnea with pleural disease, and fibromyalgia is denied. The VA has remanded the claims of entitlement to a total disability rating based on individual unemployability (TDIU) prior to June 13, 2019.,The Veteran's tinnitus is already at its maximum schedular rating of 10 percent.

The Board denied the Veteran's appeal because a timely substantive appeal was not filed with the August 2018 rating decision, and thus the claim is denied.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) as secondary to his service-connected left knee disability, with obesity serving as an intermediate step.

The Veteran's OSA is remanded for a medical opinion to determine if it had its onset during or is otherwise related to his military service, including his exposure to toxins.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected post-traumatic stress disorder (PTSD) with alcohol use disorder, finding that the Veteran's PTSD and alcohol use disorder are at least as likely as not proximately due to or the result of his sleep apnea.

The Veteran's appeal for service connection for obstructive sleep apnea is dismissed because the claim was pending and a supplemental claim was filed before the Board could review it.

The Veteran's lumbosacral strain is rated at 10 percent, and the Board finds no basis for a higher rating.,The Veteran's left knee strain is rated at 10 percent, and the Board finds no basis for a higher rating.,The Veteran's right knee strain is rated at 10 percent, and the Board finds no basis for a higher rating.

The Board has determined that the Veteran's low back disability, including degenerative disc disease, degenerative arthritis, lumbosacral strain, intervertebral disc syndrome, and retrolisthesis, is related to his service. As a result, service connection for these conditions is granted.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not caused by his service-connected other specified trauma and stressor related disorder (claimed as PTSD) and service-connected musculoskeletal conditions, leading to a grant of secondary service connection.

The Veteran's appeal for an increased disability evaluation for neck scar is denied as the evidence does not support a rating in excess of 10 percent.,Service connection for insomnia and headaches is denied because there is no current diagnosis of these conditions.

The Veteran's service-connected PTSD was granted with an initial rating of 30 percent from March 3, 2014 to January 20, 2020 and a 70 percent disability rating from January 21, 2020. The effective date for this grant is denied. Other claims related to PTSD, migraine headaches, and sleep apnea are also addressed.

The Board has determined that the VA examinations conducted in June 2021 were inadequate for adjudication purposes and thus remanded to obtain additional opinions regarding the etiology of the Veteran's diagnosed conditions.

The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) due to obesity, which was caused by his service-connected other specified somatic symptom and-related disorder and orthopedic disabilities. The decision is based on the opinion of a private physician's assistant who concluded that the OSA was more likely than not secondarily related to the Veteran's service-connected conditions.

The Board has dismissed the Veteran's claims for service connection for left hip disability, right hip disability, right shoulder disability, and sleep apnea as the AOJ has not yet adjudicated these issues.

The Board has dismissed the Veteran's appeals for service connection on all six claimed conditions due to a procedural defect in his appeal form.

The Board has determined that there was a duty to assist error in the initial decision and is remanding the case for further development, including obtaining an addendum opinion regarding whether the Veteran's obstructive sleep apnea is at least as likely as not due to or aggravated by his service-connected sinus disability.

The Veteran's appeals for service connection for visual conditions and sleep apnea have been dismissed due to procedural errors in the Appeal Modernization Act (AMA) system.