Sleep apnea Board decisions

The Veteran's appeal was dismissed due to the death of the appellant, and no final decision can be made.

The Board has decided to remand the case due to insufficient analysis in the VA examiner's opinion regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea.

The Veteran's appeal for service connection for sleep apnea was improperly docketed and dismissed due to a claims-processing error. His claim has since been granted in full, with the effective date set at January 21, 2022.

The Board has remanded the claim of service connection for obstructive sleep apnea due to a lack of a VA examination and because the Veteran's exposure to burn pits during his Southwest Asia service is relevant. The case will be reviewed again with an adequate TERA examination.

The Board has determined that the Veteran's bilateral retinitis pigmentosa first manifested during active service and is therefore granted service connection.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the adequacy of the VA medical opinion on the claim for service connection for OSA.

The Veteran has withdrawn his appeals for sleep apnea, hypertension, and an increased disability rating for TBI.

The Board has found that the Veteran's service treatment records are incomplete and have not been fully associated with his claims file. The Board is therefore remanding the case to obtain any outstanding service treatment records.

The Board has determined that the VA medical opinions provided were not sufficient to address all of the issues raised in the Veteran's appeal, including whether his OSA is related to service or secondary to depression. The case is being remanded for further development and consideration.

The Veteran's service-connected disabilities, including ADHD, lumbosacral strain with degenerative arthritis, tinnitus, right knee osteoarthritis, left knee osteoarthritis, scar, and left ear hearing loss, collectively precluded him from obtaining and maintaining substantially gainful employment. The Board granted a TDIU based on the combined effects of these disabilities.

The Board has granted service connection for GERD, Hernia, Obstructive Sleep Apnea, Cervical Spine Disability, Left Upper Extremity Radiculopathy (secondary to cervical spine disability), Right Upper Extremity Radiculopathy (secondary to cervical spine disability), Thoracolumbar Spine Disability, Left Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), Right Lower Extremity Radiculopathy (secondary to thoracolumbar spine disability), and Left Knee Disability (secondary to bilateral foot disabilities, pes planus) and Right Knee Disability (secondary to bilateral foot disabilities, pes planus).

The Veteran's service connection for an acquired psychiatric disorder and obstructive sleep apnea have been granted, but the effective dates are not earlier than September 15, 2020. Basic eligibility to Dependents' Educational Assistance (DEA) is also denied.

The Board has determined that the Veteran's sleep apnea is proximately due to his service-connected major depressive disorder, and thus grants service connection for sleep apnea as secondary to major depressive disorder.

The Board has dismissed the claim for a TDIU from July 19, 2023 due to the grant of a combined 100 percent rating and special monthly compensation (SMC) under 38 U.S.C. § 1114(s). The appeal for a TDIU prior to July 19, 2023 is remanded as it may be eligible for extraschedular consideration.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD with major depressive disorder. The Board finds the March 2022 private opinion of Dr. W. to be adequate and persuasive, finding that the current credible medical literature supports the finding that obstructive sleep apnea develops from PTSD.

The Board has decided to remand the case due to a pre-decisional duty to assist error, requiring an adequate VA examination and opinion to determine the nature and etiology of the Veteran's sleep apnea as related to his service-connected GERD.

The Board has determined that new and relevant evidence was received to readjudicate the Veteran's claims of entitlement to service connection for a left elbow condition and OSA. The issues are remanded for further examination and opinion.

The Board has dismissed the appeal for attorney fees as the appellant notified the RO of his intent to withdraw the BVA Notice of Disagreement and received a memorandum releasing fees.

The Veteran's appeals for increased disability ratings for his lumbar spine disability and bilateral radiculopathy of the lower extremities have been dismissed due to his explicit, unambiguous requests to withdraw these appeals.

The Board has determined that there is pre-decisional error in the decision on appeal regarding service connection for sleep apnea and requires a VA examination to address the Veteran's claim.