Sleep apnea Board decisions

The Board has denied service connection for obstructive sleep apnea and remanded the claim for chronic obstructive pulmonary disease due to lack of evidence linking these conditions to service.

The appeal for service connection for sleep apnea is dismissed as the Veteran did not file a valid appeal within one year of the November 2015 decision.

The Board has dismissed the Veteran's appeals for an increased rating for left lower extremity radiculopathy and service connection for obstructive sleep apnea due to processing errors.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current diagnosis is at least as likely as not related to his in-service symptoms and complaints. The decision resolves reasonable doubt in favor of the Veteran.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected depressive disorder. The decision resolves all reasonable doubt in favor of the Veteran.

The appeals of the denial of service connection for tinnitus and cataracts are dismissed. The increased rating in excess of 30 percent for asthma is denied, while the issues of sleep apnea, left knee joint arthritis with painful motion (extension), and TDIU are remanded.

The Board has denied service connection for bilateral hearing loss and remanded the claim for an initial evaluation greater than 10 percent for lumbosacral strain.

The Veteran's claim for service connection for sleep apnea was initially denied in November 2016. The effective date of the grant of service connection is set at June 4, 2019, based on the receipt of a reopened claim.

The Board found that the separate 30 percent rating for service-connected sarcoidosis was properly discontinued due to clear and unmistakable error, as ratings under DCs 6600 through 6817 and 6822 through 6847 will not be combined with each other. The Veteran is therefore not entitled to a separate 30 percent rating for the service-connected sarcoidosis.

The Veteran's IHD is rated at 60 percent effective May 25, 2018. The Veteran's OSA with asthma remains at a maximum of 50 percent.

The Board has granted the Veteran's claim for service connection for lumbosacral strain, finding that it is at least as likely as not related to his in-service injury.

The Veteran's hypertension is granted as service-connected.,The Veteran's kidney disease is granted as secondary to his service-connected hypertension.,The Veteran's obstructive sleep apnea is granted as aggravated by his service-connected PTSD.

The Board has decided to remand the case due to a need for a new VA examination and opinion regarding whether the Veteran's sleep apnea is proximately caused or aggravated by his service-connected PTSD and depression.

The Board has decided to remand the claim of service connection for lumbosacral arthritis due to a duty to assist error. The Veteran's records, including his military history and treatment records, need to be obtained to determine if his back pain is related to service.

The Board has remanded the claims of service connection for TMJ, an ear disorder (vertigo and dizziness), obstructive sleep apnea, and an acquired psychiatric disorder (anxiety) as due to service-connected tinnitus. The VA is instructed to provide a new opinion regarding whether these conditions would be less severe but for the service-connected tinnitus.

The Veteran's COPD is currently rated at 30 percent, which does not meet the criteria for a higher rating based on lung function tests.,The Veteran's lumbosacral strain is currently rated at 20 percent, which does not meet the criteria for a higher rating based on range of motion.

The Veteran's lumbosacral strain was incurred in or caused by his active military service, and the Board has granted service connection for this condition.

The Veteran's current diagnosis of Obstructive Sleep Apnea (OSA) is found to have onset during active service and has continued since then. The Board finds that the evidence supports a finding of service connection for OSA.

The Board denied an earlier effective date for the grant of service connection for intervertebral disc syndrome (IVDS) with lumbosacral strain, spinal stenosis, and degenerative arthritis due to a lack of formal or informal claims within one year of the prior denial.

The Veteran's service-connected unspecified depressive disorder with anxious distress and residuals of right tibia/fibula fracture are found to be the primary cause of his obstructive sleep apnea, which is granted as secondary to these conditions.