Sleep apnea Board decisions

The Veteran's initial rating for chronic orthopedic symptoms of lumbosacral strain with spondylosis is denied as the evidence does not meet the criteria for a higher than 10 percent rating.,The Veteran's initial rating for associated lumbar radiculopathy, LLE, is denied as the evidence does not meet the criteria for a higher than 10 percent rating.

The Veteran's claims for sleep apnea and erectile dysfunction are granted, but his claim for GERD is remanded due to a duty to assist error.

The Veteran's TDIU claim from March 19, 2020 to October 4, 2022 is granted as he meets the schedular criteria for a combined rating of 70 percent due to multiple service-connected disabilities. The earlier effective date for Dependents' Educational Assistance (DEA) eligibility remains pending.

The Board has remanded the claims for service connection due to a duty-to-assist error, and for TDIU based on inextricably intertwined issues.

The Board has denied a higher rating for peripheral vascular disease, left lower extremity and remanded the cases of arthritis, left hip, lumbosacral strain, degenerative joint disease, right knee, and right ankle strain.

The Board has remanded the case due to insufficient reasoning and bases for the findings regarding the aggravation of sleep apnea by service-connected conditions, as well as obesity. The Veteran's claim will be reconsidered with a new examination.

The Veteran's appeal for service connection for obstructive sleep apnea as secondary to major depressive disorder has been dismissed due to the Veteran's death.

The Board denied service connection for lumbosacral spine, left knee, and right knee disabilities due to a lack of evidence showing current disability or functional impairment caused by these conditions.

The Veteran's service-connected retinitis pigmentosa is rated at the highest schedular criteria (100 percent) from September 17, 2009 to February 20, 2019.

The Veteran's service connection claims for various conditions, including tinnitus, depression, anxiety disorder, psychosis, insomnia, PTSD, left shin splints, right shin splints, and sleep apnea are granted. The claims for bilateral pes planus, endocervicitis, gastritis, GERD, irritable bowel syndrome, otitis media, and eye infection remain denied.

The Veteran's claim for an earlier effective date for the grant of service connection for acne, seborrheic dermatitis and rosacea is denied because the December 1974 rating decision denying these conditions was final, and there were no unadjudicated claims prior to March 26, 2010.

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) is secondary to his service-connected Posttraumatic Stress Disorder (PTSD). As such, the claim for service connection for OSA is granted.

The Veteran's claims for service connection for sleep apnea and allergic rhinitis/sinusitis as secondary to bronchial asthma have been dismissed. The claim for a rating in excess of 30 percent for bronchial asthma is remanded.

The Board has decided to remand the case due to a duty to assist error regarding whether the Veteran's sleep apnea is aggravated by his service-connected depression disorder.

The Veteran's OSA is currently rated at 0 percent, effective November 14, 2016. The Board finds that the weight of the evidence does not support a compensable rating for his sleep apnea.

The Veteran's service connection for obstructive sleep apnea as secondary to a service-connected disability is denied.,The Veteran's request for restoration of a 40 percent rating for lumbar strain with spondylosis and a rating in excess of 10 percent is remanded.

The Board has determined that the Veteran's service-connected PTSD and sleep apnea are related, with the opinion of an independent medical expert finding it more likely than not that her sleep apnea was caused by or aggravated by her service-connected PTSD.

The Veteran's claim for service connection for tinnitus is granted as the evidence shows that his current condition likely began during service. However, his claims for bilateral hearing loss, traumatic brain injury, sleep apnea, and cervical degenerative disc and joint disease are denied due to lack of a current disability diagnosis.,There is no current diagnosis of bilateral hearing loss or traumatic brain injury related to service. The Veteran's claim for sleep apnea is also denied as there is insufficient evidence of a current disability. Service connection for cervical degenerative disc and joint disease (claimed as cervical strain) is not granted due to lack of a current condition.,The Veteran's tinnitus claim is supported by his credible statements about the onset and impact of the condition during service, but he does not have a confirmed diagnosis of hearing loss or traumatic brain injury. The Board finds no evidence linking these conditions to service.

The Board has decided that the Veteran's OSA is not service connected due to his PTSD, and has ordered a remand for further examination and opinion.

The Veteran's claim of service connection for sleep apnea is remanded due to a pre-decisional error in the January 2021 rating decision, specifically failing to consider the Veteran's exposure to environmental hazards during his Gulf War service. The Board finds that an adequate medical opinion regarding the relationship between the Veteran's current diagnosis and his military service, including Gulf War exposures, is necessary.