Sleep apnea Board decisions

Service connection for thyroid cancer has been granted due to exposure to burn pits during service. The issue of sleep apnea is remanded as the evidence is insufficient to determine its etiology.

The Veteran's OSA is granted as secondary to his PTSD. The reduction of his PTSD rating from 70% to 50% was denied.

The Veteran's claims for earlier effective dates for service connection were granted, with the effective date set at November 21, 2019. The Board found that the Veteran had submitted an intent to file a claim on November 21, 2019, and filed his formal application in September 2020.

The Veteran's claims for increased ratings for her lower back disability and sciatic nerve radiculopathy of the left lower extremity are being remanded due to inadequate VA examinations. The Veteran is currently rated at 10 percent for both conditions, but she contends that these should be higher.

The Veteran's sleep apnea is granted as secondary to her service-connected disabilities, specifically right lower extremity radiculopathy, cervicothoracic strain with cervical disc disease, and lumbosacral strain with retrolisthesis. The Board found that the weight gain leading to sleep apnea was due to her inability to engage in physical activities caused by her other service-connected disabilities.

The Veteran's tinnitus is granted as service-connected.,The Veteran's low back, right knee, left knee, right shoulder, and left shoulder conditions are remanded for further development.,The Veteran's psychiatric condition (including PTSD, major depressive disorder, and anxiety disorder) and hypertension are remanded for further development.,The Veteran's obstructive sleep apnea is remanded for further development.

The Veteran's COPD is granted under the PACT Act, and his sleep apnea is granted. The service connection for COPD on a basis other than under the PACT Act is denied.

The Veteran's timely Notice of Disagreement regarding the denial of service connection for sleep apnea is accepted, and the appeal is granted.

The Board has remanded the claims of service connection for diabetes mellitus, type II, high blood pressure, hypothyroidism, neuropathy, and sleep apnea due to a duty to assist error. The Veteran asserts exposure to herbicide agents during a secret mission in Korea.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance is remanded due to a pre-decisional duty to assist error. The Board requires an adequate VA examination to clarify whether the Veteran's service-connected disabilities cause him to require the aid and attendance of another.

The Board has determined that the VA Regional Office (RO) made an error in denying the Veteran's claim for service connection of OSA. The RO did not consider the Veteran's reported sleep disturbances during service and the subsequent VA examination was inadequate. Therefore, further examination and opinion are needed to determine if the Veteran's OSA is related to his military service.

The Veteran's obstructive sleep apnea is found to be caused by his service-connected gastroesophageal reflux disease (GERD). The Board grants the claim for service connection.

The Veteran's lumbosacral strain disability was rated at 10 percent from December 18, 2018 to November 20, 2019. The Board found that the symptoms did not meet criteria for a higher rating during this period.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected neurofibromatosis. The appeal regarding an initial evaluation in excess of 10 percent for left wrist mass is remanded.

The Veteran's appeal for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected unspecified depressive disorder and coronary artery disease (CAD) is remanded due to inadequate VA examination opinions regarding the relationship between his OSA, obesity, and his service-connected disabilities.

The Board has determined that the VA examination provided was inadequate and remands the case for a new examination to determine the etiology of the Veteran's restless leg syndrome, including whether it is proximately due to or aggravated by any service-connected conditions.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to his death.

The Board has decided to remand the case due to duty-to-assist errors and requires a VA examination to address whether the Veteran's sleep apnea is related to his active service, specifically an IED explosion in Afghanistan, or if it is aggravated by his service-connected PTSD.

The Veteran's initial claim for a higher rating for his service-connected lumbosacral strain with degenerative arthritis of the lumbosacral spine including bilateral sacroiliitis with sclerosis of the sacroiliac joints was denied. The Board has determined that an updated VA examination is needed to properly rate this disability, specifically whether separate ratings are warranted for associated neurological disability (radiculopathy).

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) began during his active service and granted service connection for this condition.