Sleep apnea Board decisions

The Veteran's migraine headaches are rated at 30 percent prior to May 6, 2022 and 50 percent beginning on that date. The Veteran is granted service connection for major depressive disorder and secondary service connection for obstructive sleep apnea.,Service connection for coronary artery disease and diabetes mellitus type II remains pending as the claims are remanded.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking the condition to his military service.

The Veteran's service-connected disabilities, including hepatitis B infection, prostate cancer with voiding dysfunction, PTSD, and various neuropathies, have rendered him in need of regular aid and attendance due to his physical limitations. The Board has determined that the criteria for SMC based on the need for regular aid and attendance are met.

The Board has granted service connection for a lower back disability and right lower extremity radiculopathy, finding that the Veteran's current conditions are related to his military service.

The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the Veteran's claim of service connection for OSA, as there was not an adequate VA examination in the file.

The Board has remanded the issues of service connection for PTSD, obstructive sleep apnea, and a higher rating for tinnitus. The claim for PFB is granted with a 30 percent disability rating.

The Veteran's claim for retroactive payment in excess of $9,270.15 for CRDP and Housebound Payment is denied as the effective date was properly set at January 1, 2020. The claim for partial payment for December 2019 benefits is also denied.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD and asthma.

The Board has remanded the claim of service connection for a lumbar spine disorder, as the Veteran's current diagnosis is not supported by an adequate etiology opinion. The case will be returned to the AOJ for further review and consideration.

The Veteran's appeals for earlier effective dates for increased ratings on bilateral pes planus with plantar fasciitis, lumbosacral strain, and tension headaches are dismissed as they were part of pending claims in the VA's legacy appeal system.

The Veteran's appeal for a rating greater than 60 percent for GERD effective February 14, 2021 is dismissed. The Veteran's claim for service connection of erectile dysfunction and obstructive sleep apnea is remanded.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to PTSD, is being remanded due to inadequate examination and medical opinion. The Board requests a new VA examination to determine the nature and etiology of the condition, including whether it is related to service or Persian Gulf exposure.

The Veteran's NOD was timely filed, and the AOJ should provide him with a Statement of the Case regarding his claims for service connection for lumbar disability, obstructive sleep apnea, earlier effective date for bilateral plantar fasciitis, and increased rating for bilateral plantar fasciitis.

The Veteran's claims for an initial rating in excess of 10 percent for lumbosacral strain and service connection for an intestinal disorder (claimed as irritable bowel syndrome) are both remanded due to the need for additional examinations and opinions.

The Board has granted service connection for obstructive sleep apnea, finding that it is aggravated by symptoms of the Veteran's service-connected posttraumatic stress disorder (PTSD) and gastroesophageal reflux disease (GERD).

The Veteran's claims for service connection for lumbar disability and related radiculopathies have been granted with effective dates of February 24, 2017.

The Veteran's migraine headaches and obstructive sleep apnea are granted service connection. The lumbosacral strain is granted a 40 percent rating, but no higher. The initial compensable ratings for chronic sinusitis, left lower extremity radiculopathy, right lower extremity radiculopathy, and right elbow lateral epicondylitis are denied.

The Veteran's sleep apnea is related to his active-duty service and the Board has granted service connection for this condition.

The Board has granted service connection for cervical cancer, finding that new and relevant evidence supports the claim. The appeal is dismissed for all other issues.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of October 29, 2019. The decision found that the Veteran continuously pursued his initial claim and that the earliest effective date possible is the date of his intent to file.