Sleep apnea Board decisions

The Board has granted the Veteran's claims for service connection for sleep apnea, bilateral hearing loss, tinnitus, anosmia, bilateral optic neuropathy and glaucoma, and vertigo. The claims were previously denied in a May 2019 rating decision but readjudicated due to new evidence received after January 2018.

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) was incurred during active duty and grants service connection for OSA.

The Veteran's OSA is granted as secondary to his service-connected disabilities, including PTSD and musculoskeletal conditions.

The Veteran's appeal of the denial of service connection for sleep apnea has been dismissed due to a withdrawal by the appellant.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected lumbar disability, knee disability, and lower extremity radiculopathy.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds that it does not warrant a higher rating based on the evidence of record.

The Veteran's adjustment disorder with mixed anxiety and depression is rated at 30 percent, but the Board finds that it does not warrant a higher rating due to occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.,The Veteran's headaches are currently noncompensable. The evidence does not show characteristic prostrating attacks averaging one in two months over the last several months.

The Veteran's service-connected sleep apnea, back, knee, and shoulder disabilities prevent him from securing or following gainful employment. The Board finds the evidence to be in equipoise as to whether these conditions meet the criteria for a TDIU.

The Board has determined that there were errors in the duty to assist and remands the case for a new VA examination to determine the etiology of the Veteran's obstructive sleep apnea.

The Board has remanded the claims of service connection for hypertension, OSA, and an eye disability due to a duty-to-assist error. The Veteran's hypertension claim is related to his exposure to herbicides in Vietnam, but the VA examination must provide a rationale regarding whether it is at least as likely as not that any diagnosed hypertension had its onset during active service or is related to any in-service disease or event.

The Veteran's claims for service connection for a back injury, heart problem, and bilateral leg conditions have been denied as new and relevant evidence has not been submitted to warrant readjudication.,Service connection for memory loss and brain lesions is denied due to the lack of medical evidence linking these conditions to active service.

The Veteran's PTSD and persistent depressive disorder are currently rated at 70 percent, but do not meet the criteria for a higher rating.,The Veteran's obstructive sleep apnea is currently rated at 50 percent, which does not warrant an increased rating as it does not meet the criteria for chronic respiratory failure with carbon dioxide retention or cor pulmonale.,The Veteran's tinnitus is currently rated at 10 percent and does not meet the criteria for a higher rating.

The Board has remanded the claims for a new VA opinion to determine if the Veteran's current back and cervical spine disabilities are related to service, specifically whether they are due to aggravation of pre-existing conditions or onset during service.

The Board is remanding the case to obtain a medical opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea, including whether it is related to service or aggravated by PTSD. The claim will also address whether the Veteran's sleep apnea has a fully understood pathophysiology.

The Board has granted service connection for obstructive sleep apnea as secondary to major depressive disorder, with obesity serving as an intermediary step.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected Adjustment Disorder with Mixed Anxiety and Depressed Mood. The VA needs to provide a new opinion addressing causation and aggravation.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's OSA, specifically addressing his reports of loud snoring and chronic insomnia during service in Korea.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected mental health and musculoskeletal disabilities.

The Board has granted service connection for obstructive sleep apnea, finding that it is at least as likely as not caused by the Veteran's service-connected Other Specified Trauma and Stressor Related Disorder due to obesity resulting from his psychiatric condition.

The Board has granted an earlier effective date of July 3, 2019 for the grant of service connection for lumbosacral strain, bilateral knee strains, and tinnitus. The Veteran's intent to file was received by VA on that date.