Sleep apnea Board decisions

The Veteran's service connection claim for obstructive sleep apnea is remanded due to the need for a VA examination and medical nexus opinion regarding his participation in toxic exposure risk activities (TERA) during active military service.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Veteran's claims for service connection have been remanded due to the need for additional examinations and consideration of outstanding medical records.

The Board has granted service connection for obstructive sleep apnea, finding that the current disability had its onset during service and is directly related to service.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of May 18, 2015. The Board found that the Veteran had good cause to file his VA Form 9 late and thus granted a retroactive effective date of May 18, 2015.

The Board has granted service connection for sleep apnea on a direct basis, finding that the Veteran's current condition is related to his in-service injury. The claim was denied for secondary service connection as the VA examiner opined against this theory.

The Veteran's OSA is granted as proximately due to his service-connected major depressive disorder, while other issues are denied.

The Board has denied the Veteran's claims for service connection for bronchitis and obstructive sleep apnea (OSA) as secondary to bronchitis due to a lack of evidence showing an in-service disease or injury, or a current disability related to service.

The Veteran's eczema (folliculitis/infection) and sleep apnea syndromes (sleep disorder) are related to service, resulting in a grant of service connection for these conditions.,For the neck condition and knee conditions, the case is remanded as further medical examination and opinion are needed.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of sleep apnea is related to his service and resolving reasonable doubt in his favor.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including depressive disorder and tinnitus.

The Veteran's appeal for a temporary total evaluation for lumbosacral strain with degenerative disc disease, lumbar spine, and spinal stenosis has been dismissed due to the appellant's withdrawal of the appeal.

The Veteran's sleep apnea and Stage 3 renal failure have not been rated higher than the current levels, with the Board finding that additional evidence is needed to determine if these conditions warrant a higher rating.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his military service or if it is secondary to his service-connected sinusitis.

The Board has remanded the Veteran's claims of service connection for sleep apnea and hearing loss due to a lack of a VA examination, which is considered a pre-decisional duty to assist error.

The Board has dismissed the appeals for service connection of lumbar spine disability, obstructive sleep apnea disability, and a rating in excess of 10 percent for left knee disability due to the Veteran's death.

The Veteran's claims for service connection for sleep apnea and an evaluation in excess of 20 percent for a lumbar spine disability are being remanded due to duty-to-assist errors. The AOJ must schedule the Veteran for VA examinations to determine the probable date of initial onset and etiology of obstructive sleep apnea, as well as the level of functional impairment associated with his service-connected low back disability.

The Veteran's service-connected conditions prior to May 19, 2016 did not prevent him from securing and following substantially gainful employment.,The Veteran does not meet the criteria for DEA benefits due to his combined rating of 20 percent at most.

The Board denied the Veteran's claim for special monthly compensation based on the need for regular aid and attendance due to his service-connected disabilities, finding that the evidence did not support a finding that he was in need of such assistance.

The Veteran's lumbosacral strain is currently rated at 10% and has been granted a 20% rating. The evidence shows that the Veteran's forward flexion was up to 60 degrees, which warrants a higher rating of 20%. There is no indication of ankylosis or other conditions warranting a higher rating.