Sleep apnea Board decisions

The Board has dismissed the Veteran's appeals for service connection on all issues due to an error in docketing within the AMA system.

The Veteran's lumbosacral strain and associated radiculopathy have been granted service connection.,Secondary service connection for right and left lower extremity radiculopathy to the lumbosacral strain has also been granted.

The Veteran's claim for service connection of obstructive sleep apnea was granted with an effective date of October 31, 2018. The decision is based on new evidence submitted after the initial denial in February 2016.

The Veteran's appeals for various conditions and service connection claims have been withdrawn by the Veteran.,Service connection for obstructive sleep apnea has not been established, as there is no evidence of its onset during service or a nexus to service.

The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or special home adaptation due to his inability to use assistive devices and lack of loss of use of any extremities.

The Veteran's claims for service connection have been dismissed due to his death. The Board has no jurisdiction to adjudicate these claims as he died during the appeal process.

The Board has decided to remand the case due to duty-to-assist errors and requests for medical opinions regarding the Veteran's sleep apnea.

The Board has denied the Veteran's claims for service connection for allergic rhinitis and obstructive sleep apnea, finding that there is no current diagnosis of these conditions or a link to service.

The Board dismissed the appeal for an increased disability rating for sleep apnea as the appellant requested to withdraw his appeal.

The Board denied readjudication of the service connection claim for sleep apnea because no new and relevant evidence was submitted after the final denial in February 2017.

The Board has granted service connection for sleep apnea on a secondary basis to allergic rhinitis and awarded an initial 50% rating, but no higher, for the Veteran's sleep apnea.

The Veteran's lumbosacral spine degenerative disc disease, left lower extremity sciatic nerve disability, and PTSD have all been granted service connection.

The Board has remanded the claims for migraines, left lower extremity sciatica, and sleep apnea as secondary to service-connected conditions due to pre-decisional duty to assist errors. The Veteran's exposure to environmental hazards in the Gulf War is also being addressed.

The Board has found new and relevant evidence that supports the Veteran's claim for service connection for sleep apnea secondary to PTSD. The case is being remanded for further review.

The Board has decided to remand the case due to a lack of sufficient medical evidence regarding whether the Veteran's OSA is secondary to his service-connected DM II, including diabetic complications. The AOJ must obtain an addendum opinion from an appropriate clinician addressing these issues.

The Veteran's death was attributed to multiple blunt force injuries sustained in a motorcycle accident, not related to his service-connected conditions. The Board found no evidence linking the cause of death to active duty or service-connected disabilities.

The Veteran's right and left hip disorders are not service connected as they did not develop during active duty or due to a service-connected condition. The cervical spine disorder is also not service connected, with the exception of the lumbosacral strain which may be related to an in-service motor vehicle accident.,Both the right and left hip disorders were found not to have onset during service and are not linked to any service-connected conditions. The cervical spine disorder was associated with a motor vehicle accident.

The Veteran's claim for TDIU and basic eligibility for Dependents' Educational Assistance was granted from May 29, 2019. The appellant waived his right to attorney fees based on the August 2020 Rating Decision.

The Veteran's claim for a higher rating for intervertebral disc syndrome with lumbosacral strain and degenerative arthritis was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.,Service connection for sleep apnea was also denied as there is no persuasive evidence linking his current condition to service, and secondary service connection was not established.

The Board has decided to remand the case due to errors in fulfilling pre-decisional duty to assist and statutory duties. The Veteran's current sleep apnea is being examined for secondary service connection to PTSD, direct service connection, and potential PACT Act exposure-related claims.