Sleep apnea Board decisions

The Board has decided to remand the claims for service connection for OSA and a skin disability, as well as the claim for service connection for OSA secondary to PTSD. The Veteran's exposure to burn pits is not considered new evidence, but his assertion of aggravation by PTSD is.

The Board has determined that new and relevant evidence has been received to reconsider the claims for service connection for PTSD and sleep apnea as secondary to PTSD. The Veteran's claim of service connection for PTSD is remanded, and his claim of service connection for sleep apnea as secondary to PTSD is also remanded.

The Board has remanded the case due to a duty to assist error and for an examination regarding potential toxic exposure during service that may have caused or aggravated the Veteran's OSA.

The Veteran's service-connected conditions, including her left ankle sprain and sleep apnea, have significantly impacted her ability to perform daily activities. The Board has determined that she requires regular aid and attendance due to these disabilities.

The Board has determined that the VA examination obtained prior to the decision on appeal is inadequate for consideration of the Veteran's claim, and therefore, remands the case for a new examination.

The Veteran's obstructive sleep apnea is caused by his service-connected major depressive disorder.,The Veteran's tension headaches are caused by his service-connected disabilities, including major depressive disorder, lumbosacral degenerative arthritis and paraspinal muscle strain, cervical strain.

The Board has granted service connection for bilateral hip conditions, bilateral pes planus, and a back strain. The decision is based on the Veteran's lay statements and medical opinions that his current conditions are related to his active service.

The Veteran's service-connected disabilities alone do not prevent him from securing or following substantial gainful employment.

The Board has decided to remand five issues related to the Veteran's service connection claims, including prostate condition, hypertension, sleep apnea, erectile dysfunction (secondary to hypertension), and SMC based on loss of use of a creative organ. The AOJ is required to obtain VA treatment records prior to October 25, 2008, Reserve service treatment and personnel records, and an additional VA medical opinion regarding the Veteran's prostate condition.

The Board has decided to remand the Veteran's claims for sleep apnea, back disability, and right shoulder disability due to inadequate VA examinations. The Veteran will need new examinations to determine if his conditions are related to service or caused by other conditions.

The Board has found that the Veteran's obstructive sleep apnea may be related to his service-connected sinusitis and allergic rhinitis, but an addendum medical opinion is needed to address these issues.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected bilateral foot disability with obesity as an intermediate step.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected sinusitis/rhinitis, effective October 22, 2019.

The Veteran's claims for an earlier effective date for the 100 percent rating for PTSD, persistent depressive disorder to include TBI, and posttraumatic headaches are denied. The claim for restoration of the 30 percent rating for hypothyroidism is granted.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) due to a lack of a VA examination and medical opinion addressing whether OSA is secondary to service-connected PTSD. The PACT Act requires consideration of toxic exposure risk activities, including Vietnam service.

The Board has decided that the Veteran's claim for service connection for sleep apnea should be remanded due to a duty to assist error and because of potential exposure to asbestos during military service, which may relate to his current condition.

The Veteran's appeal for a higher disability rating for lumbosacral strain is being remanded due to an inadequate examination report from the previous VA examination, which did not consider all of his symptomology and functional limitations.

The Veteran's rating for lumbosacral strain status post thoracic degenerative disc disease with bulging discs and intervertebral disc disease was reduced from 20 percent to 10 percent, effective September 26, 2018. The appeal regarding this reduction is dismissed as the Veteran did not validly opt into the modernized review system (AMA).

The Board has decided that the Veteran does not have a current diagnosis of shortness of breath, hypertension, right knee disability, left knee disability, or OSA. The claims for these conditions are being remanded due to procedural and evidentiary issues.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to inadequate opinions in the previous VA examination and lack of consideration of all submitted evidence.