Sleep apnea Board decisions

The Board has decided to remand the case due to a duty-to-assist error, and requests an addendum opinion from an appropriate clinician.

The Board has decided to remand the case due to errors in duty to assist and insufficient medical opinions regarding service connection for sleep apnea. The AOJ will obtain additional medical opinions on direct service connection, aggravation by service-connected rhinitis, and the role of obesity.

The Veteran's appeal for service connection for sleep apnea and right shoulder condition is being remanded due to a pre-decisional duty to assist error. The Board finds that the evidence does not establish a direct relationship between the conditions and active service.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran had observable problems with it during and since his active duty in Iraq. The decision is based on the presumption of service connection due to combat involvement.

The Veteran's obstructive sleep apnea is granted as secondary to her service-connected polycystic ovarian syndrome (PCOS) and unspecified trauma and stressor related disorder.

The Veteran's PTSD with insomnia is granted a 30 percent rating.,Service connection for panic disorder and/or agoraphobia (claimed as agoraphobia) is denied.

The Veteran's earlier effective date for a 50 percent rating for migraine headaches is granted as of February 3, 2017.,The Veteran's eligibility to Dependents' Educational Assistance (DEA) is also granted as of February 3, 2017.

The Veteran withdrew their appeal for service connection for obstructive sleep apnea, and the case is dismissed.

The Board has dismissed the claim for service connection of an acquired psychiatric disorder (claimed as depression) and granted service connection for sleep apnea. The claims for allergic rhinitis, sinusitis, and gastroesophageal reflux disorder are remanded.

The Veteran's claim for service connection for depression was dismissed as he withdrew his appeal during the hearing.,Service connection for OSA and HTN were granted, with OSA being secondary to TBI and right knee disability with obesity as an intermediate step.

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to service and grants service connection for this condition.

The Veteran's claims for pseudofolliculitis barbae, hemorrhoids, right elbow disability, and left elbow disability have been dismissed as they were not included in the original appeal.,The Veteran's claim for an acquired psychiatric disability (claimed as insomnia) has also been dismissed. The evidence does not support a finding that this condition began during service or is related to any in-service injury or disease.

The Veteran's claims for increased ratings and service connection are being remanded due to errors in the initial rating decision, including failure to assign an effective date for asthma service connection.

The Board has granted service connection for the Veteran's sleep apnea as secondary to her service-connected PTSD, finding that there is at least a 50% likelihood that the sleep apnea is caused by her PTSD.

The Veteran's appeal for TDIU and DEA prior to July 29, 2020 was denied as the evidence did not show he was unable to secure or maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's obstructive sleep apnea is granted as secondary to service-connected PTSD and/or weight gain due to inability to exercise due to service-connected musculoskeletal conditions. The Veteran's migraine headaches are granted a 50 percent rating, but no higher.

The Board has remanded the claims for service connection for right and left ankle conditions, as well as sleep apnea. The Veteran's contentions regarding these conditions are being reviewed to determine their relationship to his military service.

The Board has decided to remand the case due to a lack of a VA etiology opinion regarding the Veteran's claimed obstructive sleep apnea, which is related to his service-connected PTSD.

The Veteran is seeking an effective date earlier than May 15, 2014 for her service-connected low back disability.,The Board finds that the presumption of regularity has been rebutted and grants an effective date of May 15, 2014.

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new evidence that tends to prove or disprove a matter at issue in the claim. The Board finds that readjudication of the previously denied claim is warranted.