Sleep apnea Board decisions

The Board has remanded the claims for diabetes mellitus, arthritis both hands, GERD, erectile dysfunction, gout, liver disability to include steatohepatitis (NASH), obstructive sleep apnea (OSA), and hypertension due to a lack of response from VA medical records.

The Board has decided to remand the claim of service connection for sleep apnea due to new and relevant evidence being received, including a VA examination and opinion. Additional development is needed, such as obtaining an addendum opinion from the November 2020 VA examiner regarding the etiology and pathophysiology of the Veteran's obstructive sleep apnea, and addressing whether it is at least as likely as not related to toxic exposure risk activities.

The Board has determined that a remand is necessary to obtain an opinion regarding the nature and etiology of the Veteran's sleep apnea, including whether it was incurred during service or caused by his service-connected conditions.

The Veteran's claims for a rating in excess of 10 percent for hypertension and service connection for sleep apnea have been dismissed as the Veteran did not appeal these issues under the Appeals Modernization Act (AMA). The claim for service connection for sleep apnea is also dismissed because it has already been granted at the maximum compensable level.

The Board has remanded the Veteran's claims for service connection for irritable bowel syndrome and sleep apnea syndrome due to incomplete opinions in the VA examinations. The Veteran is seeking service connection for these conditions as secondary to his service-connected generalized anxiety disorder.

The Veteran's obstructive sleep apnea is granted as service connected, with the onset during his military service and continuing to present.

The Veteran's claim for TDIU is denied as it was not factually ascertainable that he was unemployable in the year prior to September 8, 2020.

The Veteran's TDIU claim has been dismissed because his combined rating is now at 100% due to service-connected disabilities, making the TDIU claim moot.

The Board has decided to remand the case due to insufficient medical opinion regarding whether obstructive sleep apnea is aggravated by service-connected PTSD.

The Board has restored service connection for right knee strain, left knee strain, and lumbosacral strain due to the severance of these conditions in previous decisions.

The Veteran's appeal is remanded for further development regarding his claims of service connection for various conditions.,No compensable initial rating was granted for allergic rhinitis from February 7, 2019, to April 21, 2020.

The Board has determined that new and relevant evidence has been received to readjudicate the claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea. The claims are being remanded due to a need for additional medical examinations.

The Veteran's claim of service connection for obstructive sleep apnea is granted. The Board also grants the claim for erectile dysfunction, which it finds is proximately due to his service-connected PTSD and/or obstructive sleep apnea.

The Board has remanded the Veteran's claims for service connection due to a failure to provide proper notice of his right to a pre-decisional hearing before the AOJ.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed due to a procedural defect, as the claim was improperly docketed in the AMA system.

The Veteran's appeals for increased ratings on lumbosacral strain, RLE radiculopathy, and LLE radiculopathy were dismissed. The Board also found that the reduction of the rating for lumbosacral strain was improper and granted restoration to a 10% rating effective April 17, 2023. Other appeals for earlier effective dates for TDIU and DEA were remanded.

The Veteran's claims for an increased rating for lumbosacral strain and TDIU are being remanded due to the need for a new medical examination.

The Veteran's appeals for service connection for sleep apnea, a low back condition, and radiculopathy of the right and left lower extremities were dismissed due to improper use of an appeal form in the AMA system.

The Board has remanded the claims for bilateral hearing loss, obstructive sleep apnea, gastroesophageal reflux disease (GERD), bronchospasm, and jaw condition due to insufficient evidence or inadequate examination.

The Board has granted service connection for sleep apnea but denied service connection for a left knee disability, finding that the preexisting condition was not aggravated by active duty.