Sleep apnea Board decisions

The Veteran's appeals for service connection have been dismissed due to a procedural defect in the docketing of the claims.

The Board has found that the Veteran's sleep apnea is not directly related to service, and there is insufficient evidence to establish a nexus with any service-connected conditions. The Board also finds that the Veteran's obesity, which may be caused by his service-connected disabilities, does not substantially factor in causing or aggravating his sleep apnea.

The Board has granted service connection for osteoporosis, OSA, GERD, and diabetes mellitus type 2 as secondary to the Veteran's service-connected autoimmune hearing loss.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during his military service and have continued to the present. The decision is based on lay statements from the Veteran, his spouse, and a fellow servicemember.

The Board has denied service connection for right and left elbow disabilities, as well as OSA, finding that the evidence does not support a link to service or service-connected conditions.

The Board has determined that a new VA examination is needed to clarify the nature and extent of the Veteran's sleep impairment, including whether it is related to his service-connected acquired psychiatric disorder or if it constitutes a separate compensable condition.

The Veteran's appeal for increased ratings for obstructive sleep apnea and tinnitus was denied. The Board found that the Veteran's symptoms were accounted for by the current 50 percent rating for obstructive sleep apnea, and there is no evidence of exceptional or unusual disability picture for tinnitus.

The Board has granted the Veteran's claims for service connection for a back injury and bilateral lower extremity radiculopathy, finding that new evidence supports the claim and resolving reasonable doubt in favor of the Veteran.

The Veteran's claims for service connection for a stomach disability, sleep apnea with an evaluation of 50 percent, and tinnitus with an evaluation of 10 percent are all granted. The effective dates for these grants are April 11, 2017.

The Board has granted service connection for recurrent right ankle injury residuals including degenerative joint disease and recurrent lumbosacral spine injury residuals including mechanical low back pain and lumbosacral strain, finding that the conditions were initially manifested during active service.

The Board has granted effective dates of December 16, 2014 for both the TDIU and Dependents' Educational Assistance benefits.

The Board granted service connection for sleep apnea, finding that the Veteran's continuous reports of sleep-related symptoms since separation from service are credible and sufficient to establish onset in service.,For the mental disorder claim, the Board denied an earlier effective date than July 5, 2016, as the Veteran has continuously pursued the claim within one year after VA received his Intent to File a claim for compensation.

The Board has remanded the cases for further development and clarification regarding exposure to Agent Orange or other TERA during service, as well as medical opinions on the etiology of the Veteran's skin cancer, right and left lower extremity neuropathy, and tinnitus.

The Board denied effective dates prior to April 4, 2017 for service connection of various conditions and granted other benefits.

The Board has determined that the Veteran's lumbosacral strain with degenerative arthritis of the spine is related to his active service and grants service connection for this condition.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected generalized anxiety disorder with panic attacks, finding that his psychiatric disability caused him to become obese and subsequently develop obstructive sleep apnea.

The Veteran's OSA is granted, but his right hand arthritis, peripheral neuropathy of the upper and lower extremities, lumbar spine disorder, and other conditions are denied. The AOJ must obtain a proper examination for the issues not yet addressed.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's OSA was previously granted based on aggravation of a service-connected condition. The Board is remanding the case to determine if OSA can be granted on its own merits or as secondary to another condition.

The Veteran's current headache condition is related to his service-connected hypertension and anxiety disorder, which has been granted.,The Veteran's obstructive sleep apnea is secondary to his service-connected atrial fibrillation and lower extremity disabilities, with obesity as an intermediate step, which has also been granted.