Sleep apnea Board decisions

The Board has remanded the Veteran's claims of entitlement to service connection for obstructive sleep apnea and bilateral foot disabilities due to duty-to-assist errors. The AOJ is instructed to verify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA during his Navy Reserve service, associate any relevant military personnel records with the file, schedule a VA examination to determine the etiology of the Veteran's obstructive sleep apnea and bilateral foot conditions, and consider secondary service connection for both issues.

The Board denied the Veteran's request to reopen his claim for service connection for obstructive sleep apnea because it was not filed within one year of the August 2019 denial.

The Board has granted the claims for service connection for obstructive sleep apnea, right shoulder condition, and sternal pain due to the submission of new and relevant evidence. The cases are remanded for further development.

The Board has granted service connection for bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected thoracolumbar spine disability, finding that the evidence supports a link between his back condition and his leg pain.

The Veteran's claims for service connection for OSA and hypertension have been reopened due to the submission of new and relevant evidence. The claims are now remanded for further development, including obtaining medical opinions regarding the etiology of these conditions.

The Veteran's service-connected PTSD and psoriasis are found to have caused his current OSA, thus granting service connection for the condition.

The Board has granted service connection for sleep apnea, finding that the evidence is approximately evenly balanced as to whether this disability had its onset during active service.

The Veteran's service-connected psychiatric disorder and sleep apnea have been granted with a rating of 100 percent.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient medical opinions regarding aggravation and a lack of toxic exposure risk activity nexus. The Veteran's statements about his symptoms are assumed credible, but further investigation is needed.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is granted as the evidence shows that his OSA had its onset during service and there is a causal relationship between his current diagnosis and in-service symptoms.

The Board denied the Veteran's claim for an earlier effective date than February 4, 2021, for an award of additional dependency benefits for his spouse A. N. H., finding that he did not provide all necessary information to establish his entitlement within one year of the August 2018 rating decision which established compensation and rated a service-connected disability at least 30 percent.

The Board has found that the Veteran does not have a current diagnosis of bilateral hearing loss and denied service connection for this condition. The claims for PTSD and OSA are remanded due to inadequate examination.

The Board has granted service connection for a low back disability and remanded the cases regarding earlier effective dates for OSA, asthma, and higher initial ratings for cervical radiculopathy with carpal tunnel syndrome.

The Board has dismissed the appeals for service connection for sleep apnea and Parkinson's disease, to include Parkinson's disease-like symptoms due to an improper concurrent appeal.

The Board dismissed the appeal because the Veteran died during the pendency of the appeal, and therefore has no jurisdiction to adjudicate the claim.

The Veteran is granted a TDIU due to PTSD alone, effective June 28, 2020.,SMC at the housebound rate was granted as of July 28, 2020, based on his service-connected disabilities combined independently rating at 60 percent or more.,Prior to July 28, 2020, SMC was not warranted due to insufficiently rated service-connected disabilities.

The Board has dismissed the appeal due to the Veteran's death, and no service connection is granted for any of the claimed conditions.

The Board has decided to remand the claims for service connection for obstructive sleep apnea and a skin condition due to duty-to-assist errors. The Veteran's OSA is related to toxic exposure risk activity (TERA) during his service in the Gulf War, but no VA opinion addressing this relationship was obtained. Similarly, the skin condition may be related to TERA or an undiagnosed illness, but a VA opinion on this issue has not been provided.

The Board has remanded the case due to the need for further development, including effectuating the grants of service connection for tinnitus and sleep apnea. The issue of entitlement to a TDIU prior to September 13, 2021 will be adjudicated by the RO in light of these new developments.

The Board has withdrawn the Veteran's appeals for service connection for allergies, bronchitis, cervical spine disability, lower back disability, left ankle disability, and sleep apnea. The appeal is also remanded for further examination regarding SMC based on aid and attendance.