Sleep apnea Board decisions

The Veteran's claim for secondary service connection for obstructive sleep apnea is remanded due to the failure to report for a scheduled VA examination. The Board finds that good cause has been shown and a new examination is required.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no current diagnosis of OSA and thus not meeting the first element of service connection. The Board also found that the August 2016 in-service diagnosis was based on an erroneous request from Tricare rather than a proper sleep study.

The Board has denied service connection for tinnitus and remanded the claims for higher ratings for GERD, rhinitis, sleep apnea, MDD, and ED. The Veteran's failure to report for VA examinations related to these issues constitutes a duty to assist error.

The Veteran's lumbosacral strain, right lower extremity radiculopathy, and left lower extremity radiculopathy have been granted increased ratings from February 24, 2023. However, the claims for a rating in excess of 20 percent for lumbosacral strain and entitlement to TDIU are being remanded.

The Veteran's sleep apnea, thoracolumbar spine disability, right and left ankle disabilities, right and left elbow disabilities, right and left hip disabilities, right and left knee disabilities, and cervical spine disability are being remanded for further development.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no persuasive evidence linking his current condition to his military service.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected degenerative arthritis of the right knee and right knee instability, finding that obesity caused by this condition substantially contributed to OSA.

The Veteran's claim for service connection for bilateral hearing loss (BHL) has been dismissed as he did not submit a proper supplemental claim to reopen the previously denied claim.,An initial rating in excess of 50 percent for PTSD is denied. The Veteran's PTSD results in reduced reliability and productivity but does not manifest in occupational and social impairment with deficiencies in most areas.

The Board has decided to remand the claims of service connection for anxiety, sleep apnea, sleep disturbances, and angina due to outstanding private treatment records not having been obtained. The Veteran is required to assist in this process by providing releases for VA to obtain any identified private records.

The Board has remanded the Veteran's claims for service connection for left and right ankle conditions, asthma, and obstructive sleep apnea due to a lack of medical records and an inadequate examination.

The Veteran's claims for service connection for tinnitus and sleep apnea have been denied as there is no evidence of a current disability or a relationship to service.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to a duty to assist error in the initial rating decision.

The Veteran's claim for service connection for OSA was granted with an effective date of April 5, 2010. However, the Board has remanded the case to consider a higher initial disability rating for OSA from April 5, 2010, to November 29, 2016.

The Veteran's service connection for sleep apnea was denied, while hypertension was granted based on presumed herbicide exposure. The claim for erectile dysfunction is being remanded.,Service connection for hypertension has been established due to presumed herbicide exposure in Vietnam.

The Board has granted service connection for sleep apnea, finding that it is caused by the Veteran's service-connected PTSD with unspecified depressive disorder and lumbar strain with central annular tear L5-S1, with obesity as an intermediate step.

The Board dismissed the appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in a November 2020 Rating Decision as the appellant withdrew his Notice of Disagreement.

The Veteran's claims for service connection were denied in a February 2019 rating decision. The appeal was improperly docketed and dismissed due to non-compliance with essential claims-processing rules.

The Board denied service connection for lumbosacral spondylosis and degenerative disc disease, but granted service connection for left shoulder arthritis (claimed as bilateral shoulder tendonitis) and right shoulder arthritis. The decision is based on direct service connection.

The Veteran's loss of sense of smell, taste, and sleep apnea are proximately due to his service-connected allergic rhinitis. The Board has granted these claims on a secondary basis.

The Veteran's service-connected disabilities, including coronary artery disease, insomnia disorder, right knee arthritis, lumbosacral strain, and tinnitus, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).