Sleep apnea Board decisions

The Veteran's lumbosacral strain has been granted an initial 40 percent rating, effective May 29, 2020. Service connection for right shoulder tendinopathy, left shoulder interstitial tear of the teres minor tendon, and right wrist sprain/degenerative arthritis have also been granted.

Service connection for obstructive sleep apnea is granted.,Service connection for bilateral hearing loss disability, to include as due to exposure to ionizing radiation, asbestos, and lead paint, is denied.,Service connection for alopecia areata, to include as due to exposure to ionizing radiation, asbestos, and lead paint, is denied.,Secondary service connection for fatigue (claimed as fatigue) is granted.,Secondary service connection for cognitive slowing (claimed as memory and concentration difficulties) is granted.

The Veteran's claim of service connection for obstructive sleep apnea is remanded due to the need for a new VA opinion regarding whether her sleep apnea was aggravated by her service-connected allergic rhinitis.

The Board has determined that a new medical opinion is needed to address whether the Veteran's sleep apnea was caused by obesity associated with his service-connected back disability, and to determine if this obesity acted as a substantial factor in causing or aggravating his sleep apnea. The AOJ must obtain these opinions.

The Board has denied service connection for sleep apnea and cervical strain. The Veteran's claim of sleep apnea was denied as there is no current diagnosis, while the cervical spine disability claim was remanded due to a lack of an adequate medical opinion.

The Veteran's lumbosacral spine disability, left shoulder disability, and right shoulder disability are granted service connection. The Veteran's scar of the left anterior knee is denied as not aggravated by service. Service connection for left knee disability is denied. Unexplained body aches claim is remanded.

The Veteran's service connection claims for headaches associated with tinnitus and obstructive sleep apnea are granted. The Board finds that the Veteran's headaches are caused by his service-connected tinnitus, while the cause of his obstructive sleep apnea is remanded due to insufficient evidence.

The Board has granted earlier effective dates of June 21, 2023 for service connection for physical residuals to traumatic brain injury, entitlement to TDIU, and assignment of a 50 percent disability rating for migraines.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is granted as the evidence is in equipoise, with the benefit of doubt resolved in favor of the Veteran.

The Board has remanded the claims for sleep apnea and benign prostatic hypertrophy as secondary to service-connected anxiety disability with obesity, due to unresolved medical questions regarding the relationship between these conditions and the service-connected condition.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding intermediate secondary service connection for Sleep Apnea (OSA) as secondary to service-connected disabilities. The AOJ must obtain an addendum opinion from an appropriate clinician addressing these issues.

The Veteran's back condition, left knee conditions, and right knee conditions are being remanded for further development as the VA opinions did not adequately address his lay statements regarding the chronicity of his symptoms and the relationship between his service-connected bilateral flat foot disability and his current conditions.

The Veteran is granted a TDIU based on his service-connected disabilities.,An effective date of March 26, 2023 for the 40 percent evaluation for degenerative disc disease and lumbosacral strain has been granted.,An earlier effective date than April 17, 2024 for the 50 percent evaluation for temporomandibular joint dysfunction is denied.,The Veteran's lower extremity radiculopathy evaluations are all denied as they do not meet the criteria for a higher rating.,The Veteran's migraines are rated at their maximum schedular rating of 50 percent and no extraschedular evaluation has been granted.,The Veteran's left knee chondromalacia is also rated at its maximum schedular rating of 10 percent.

The Veteran has withdrawn all appeals for service connection for posttraumatic stress disorder, sleep apnea, and bilateral lungs.

The Board has decided to remand the claim of service connection for sleep apnea, as it is unclear whether the Veteran's symptoms during and since service are related to his now-service-connected psychiatric disability.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for various conditions, including arthritis, back; bilateral fingers; bilateral toes; bilateral carpal tunnel syndrome; diabetes mellitus, type II; sleep apnea; and an acquired psychiatric disorder (claimed as 'phobias').

The Veteran's claims for service connection are being remanded due to inadequate VA examinations and potential exposure to toxic substances during military service.

The Veteran's sinusitis is granted as service connected.,The Veteran's acquired psychiatric disability (including anxiety, depression, and PTSD with opioid and alcohol use disorders) is granted as service connected.,The Veteran's lumbosacral strain is denied as not service connected.

The Veteran's claim for a rating of 100 percent for PTSD is granted, and the issue of service connection for sleep apnea is readjudicated. The TDIU issue is dismissed due to the grant of a 100 percent rating for PTSD. The issues of service connection for headaches, lower back condition, and hypertension are remanded.

The Veteran's initial evaluation for obstructive sleep apnea prior to July 5, 2019 was denied as the evidence did not indicate that he required a CPAP machine.,The earlier effective date for DEA benefits based on service-connected disabilities prior to July 5, 2019 was also denied.