Sleep apnea Board decisions

The Board has granted a rating of 40 percent for the Veteran's lumbar spine disability prior to October 18, 2019, finding that the evidence supports this rating based on the Veteran's service-connected conditions.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea and right great toe arthritis, as well as the relationship between his service-connected conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected TBI, PTSD, and musculoskeletal disabilities.

The Veteran's appeal for service connection of lumbosacral strain was dismissed because the appellant requested withdrawal prior to a decision being made.

The Veteran's appeal for service connection for obstructive sleep apnea (OSA) as secondary to major depressive disorder (MDD) is being remanded due to the need for a more detailed opinion regarding causation and aggravation.

The Veteran's service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, and therefore, he does not qualify for financial assistance in purchasing an automobile or other conveyance or adaptive equipment.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to her service-connected PTSD, finding that obesity caused by her PTSD is an intermediary step between her service-connected disability and diagnosed sleep apnea.

The Board denied effective dates prior to April 18, 2021 for the grants of service connection for various disabilities due to a lack of evidence showing an intent to file a claim before that date.

The Veteran's appeal for a higher disability evaluation for his lumbar spine disability was dismissed because the issue had already been adjudicated under the legacy system, and there is no case or controversy left to decide.

The Board denied the Veteran's requests for earlier effective dates for TDIU and DEA benefits, finding that there was no indication in the record of unemployability due to service-connected disabilities prior to January 5, 2021.

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

The Board has granted service connection for sleep apnea, but has remanded the issue of service connection for TIAs due to insufficient evidence.

The Veteran's appeal for service connection for irritable bowel syndrome and sleep apnea has been withdrawn.,Service connection for PTSD, right hip disability, left hip disability, low back disability, vertigo, and tinnitus is granted. Service connection for erectile dysfunction, gastroesophageal reflux disease (GERD), and hypertension is also granted under the PACT Act.

The Board has denied the Veteran's claims of service connection for left knee condition, right knee condition, right hip condition, and sleep apnea as there is no competent evidence linking these conditions to his active service.

The Veteran's claims for a hand condition, obstructive sleep apnea, diabetes mellitus type II, diabetic neuropathy, and eye disability have been denied. The previously denied claim for bipolar disorder/depression has been readjudicated.,There is no probative evidence to support the Veteran's assertions that his current conditions began during service or are related to in-service events.

The Veteran's appeal for an increased rating for OSA with asthma was denied. The Board found that the current 50 percent disability rating is appropriate as it reflects the predominant respiratory condition, OSA.

The Veteran's sinusitis, sleep apnea, and migraine disabilities are granted as service-connected.,An increased rating of 70% for the acquired psychiatric disorder is granted.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA is secondary to her service-connected PTSD. The Veteran will need a VA examination to determine if there is a link between her PTSD and her OSA.

The Veteran's appeals for service connection and ratings for an eye condition, bilateral hearing loss, sleep apnea, and aortic valve/AFib have been dismissed. The appeal regarding the cause of sleep apnea is remanded.

The Board has remanded the cases for further development and examination to address the severity of the service-connected conditions, including PTSD, left knee tendonitis and tendinosis, right knee strain, and lumbosacral strain.