Sleep apnea Board decisions

The Board has determined that new and relevant evidence has been received to readjudicate the claims of service connection for latent tuberculosis and obstructive sleep apnea. The case is being remanded to consider the merits of these claims.

The Board has remanded the claims due to duty-to-assist errors that occurred prior to the January 2020 rating decision on appeal. The RO is instructed to obtain additional VA treatment records and conduct further examinations for the Veteran's claimed conditions.

The Board has dismissed the appeal for service connection of multiple conditions due to the appellant's death.

The Veteran's service-connected disabilities are of sufficient severity to produce unemployability as defined by regulation, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as he is already receiving the maximum schedular evaluation available.,The Veteran's claim for a rating of 40 percent, but no higher, for degenerative disc disease, lumbosacral spine, is granted. The evidence supports this decision based on his limited range of motion during flare-ups.

The Veteran withdrew his appeal regarding service connection for obstructive sleep apnea before the Board could make a decision.

The Board has decided to remand the Veteran's claim of service connection for mild lumbosacral degenerative disc disease due to pre-decisional errors and insufficient medical opinions. The case will be returned to the AOJ for further development, including obtaining a VA opinion on the etiology of the Veteran's back condition.

The Veteran's service connection claim for obstructive sleep apnea is granted as his OSA onset in service.

The Veteran's appeal for specially adapted housing and special home adaptation grant has been dismissed.,His claim for a rating in excess of 40 percent for lumbosacral spine disability is denied, as the evidence does not show unfavorable ankylosis or functional equivalent of ankylosis. The Veteran retains some range of motion despite pain and limited function.,The Veteran's TDIU claim has been granted effective December 13, 2019.

The Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his Parkinson's disease, has been granted. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is moot and dismissed.

The Board has determined that new and relevant evidence has been submitted to support the Veteran's claims for service connection for infectious hepatitis, left tonsillar carcinoma (tonsillar cancer), and sleep apnea. The claims are being remanded due to duty-to-assist errors.

The Veteran's initial evaluations for chronic sinusitis with allergic rhinitis and lumbosacral strain have been denied.,The Veteran's radiculopathy of the right lower extremity has not met the criteria for an evaluation in excess of 10 percent.

The Board has remanded the claims for clarification regarding the timing of a reported scud missile attack and to obtain further evidence on the relationship between sleep apnea, PTSD, and other conditions.

The Veteran's sleep apnea is granted as service-connected.,The Veteran's claim for a higher rating for migraines has been denied.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is denied. The Board has also remanded the issue of service connection for bilateral sensorineural hearing loss (BHL).

The Veteran's TDIU was granted in March 2023, effective November 23, 2022. The decision also granted increased ratings for migraines and lumbosacral strain.

The Board has determined that the VA examiner's opinion regarding secondary service connection for obstructive sleep apnea as secondary to a service-connected deviated nasal septum was insufficient and remanded for further clarification. The Veteran is seeking service connection for his obstructive sleep apnea, which he contends is caused or aggravated by his service-connected deviated nasal septum.

The Board has granted the Veteran's claim for service connection of OSA as secondary to his service-connected PTSD. The decision is based on medical evidence that supports a finding that the Veteran's OSA is caused by and/or aggravated by his service-connected major depressive disorder.

The Board has decided that the Veteran's left knee strain and sleep apnea are service-connected. However, due to a lack of available service treatment records for his Marine Corps Reserve service, the case is being remanded to attempt to obtain these records.

The Veteran's claim for service connection of COPD is granted. The claim for service connection of OSA is remanded due to failure to substantially comply with the July 2020 Board decision.