Sleep apnea Board decisions

The Veteran's appeal for an initial rating in excess of 20 percent for lumbosacral strain was dismissed. The Board also remanded the issues regarding service connection for obstructive sleep apnea and bilateral foot disabilities other than pes planus.

The Veteran's appeal for a cervical disability, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, sleep disturbances (including obstructive sleep apnea), and bilateral hearing loss has been dismissed due to procedural defects.,The Veteran's appeal for service connection for the cervical disability was not timely filed within one year of the March 2017 rating decision.

The Veteran's motion to revise the August 2018 rating decision regarding effective dates and disability ratings was dismissed because the decision had not yet become final at the time of the CUE motion.

The Board has remanded the claims for service connection for obstructive sleep apnea and chronic obstructive pulmonary disease due to a lack of an adequate opinion regarding the relationship between these conditions and service. The VA examiner did not address the Veteran's lay statements about symptoms since active service.

The Veteran's claim for service connection for sleep apnea was previously denied, but new medical records have been added to the record. The Board finds that this constitutes new and relevant evidence warranting readjudication of the claim.

The Board has remanded the case for additional development due to incomplete opinions and a need for new VA medical opinions regarding service connection, secondary service connection, and aggravation of OSA by hypertension.

The Board has remanded the claim for an evaluation higher than 20 percent for a lumbosacral strain with degenerative disease due to inadequate examination findings and failure to comply with Correia v. McDonald, 28 Vet. App. 158 (2016).

The Board has granted service connection for obstructive sleep apnea, degenerative arthritis thoracolumbar spine, left hip degenerative arthritis, and right hip degenerative arthritis on a secondary basis to the Veteran's service-connected disabilities.,The decision also remanded the claim for entitlement to service connection for skin cancer.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected bilateral pes planus and residuals of left fibula fracture, finding that obesity, an intermediary step caused by his service-connected conditions, is a substantial factor in causing OSA.

The Board denied service connection for a lumbosacral strain and traumatic brain injury (TBI) as there is no probative medical evidence indicating these conditions were incurred in or are related to the Veteran's military service.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected post-traumatic stress disorder, and therefore grants service connection for OSA as secondary to PTSD.

The Veteran's claim for an increased disability evaluation in excess of 20 percent prior to April 26, 2021, and in excess of 40 percent thereafter for service-connected intervertebral disc syndrome (IVDS) with lumbosacral strain and scoliosis is being remanded due to the need for additional development. Specifically, a VA examination is required to assess the current severity of the Veteran's lumbar spine disability, including during flare-ups, and to determine whether there is functional ankylosis.

The Veteran's claims for increased ratings and service connection are remanded due to missing National Guard records and the need to obtain SSA disability benefits and DFAS records.

The Veteran's service-connected PTSD is found to be at least as likely as not the cause of his current OSA, and he is granted service connection for OSA on a secondary basis.

The Board has remanded both the Veteran's right eye disability and sleep apnea claims due to inadequate medical opinions and incomplete development of service connection for toxic exposure.

The Board has denied service connection for insomnia, migraine headaches, a right eyelid scar, OSA, a right shoulder disability, a left shoulder disability, a low back disability, right lower extremity radiculopathy or neuropathy, and left foot plantar fasciitis as there is no evidence of current disabilities or in-service incurrences or aggravations.

The Board has dismissed the appeals for service connection of left shoulder strain, lumbosacral strain, and left knee strain. Appeals for high blood pressure, foot condition (including foot fungus), and erectile dysfunction were also dismissed due to a duplicate appeal docket.

The Veteran's service-connected major depressive disorder caused his obesity, which in turn caused his obstructive sleep apnea. The Board granted service connection for OSA based on the opinion that obesity was a substantial factor causing OSA and would not have occurred without it.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected posttraumatic stress disorder (PTSD), and thus grants the claim for service connection.

The Veteran's appeal regarding the timeliness of a May 2023 VA Form 10182 is dismissed as his Motion for Extension of Time was granted, making the form timely.