Sleep apnea Board decisions

The Board has remanded the claims for diabetes mellitus, type II due to a duty-to-assist error. The other issues remain pending and will be addressed in a new decision.

The Board has found the VA examination inadequate and remanded for a new one. The Veteran's OSA is to be evaluated based on its onset during service, causation by service-related exposures, or continuity of symptoms since service.

The Veteran's back condition is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted due to flare-ups caused by prolonged sitting, standing or laying down.

The Board has remanded the case due to insufficient consideration of weight gain as an intermediary step between service-connected left knee disability and sleep apnea. The Veteran's obesity is currently considered a separate condition, but may be relevant in determining whether it is an intermediate step.

The Board has remanded several claims related to the Veteran's service-connected lumbar spine disability, including issues for increased ratings and secondary radiculopathy. The claims are being returned for further development due to inadequate examination reports and incomplete treatment records.

The Veteran's service-connected disabilities, including ischemic heart disease, PTSD, cervical degenerative joint disease with fusion C3-7, lumbosacral strain (low back pain), and various peripheral nerve conditions, meet the criteria for SMC at a higher rate due to their combined effect on his ability to perform daily activities.

The Board has remanded the case due to a lack of consideration of potential secondary service connection related to the Veteran's service-connected psychiatric and diabetes mellitus, type II disabilities.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not etiologically related to his service and did not have its onset in service.

The Veteran's claims for service connection for a lower back condition, obstructive sleep apnea (OSA), and cardiovascular hypertension have been remanded due to the need for additional development.,The Veteran's claims for service connection for a GI condition and chronic headache condition were withdrawn.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, to include lumbosacral strain, finding that there is no evidence of such disability being incurred or aggravated during active service. The Board also found that the Veteran did not meet the criteria for presumptive service connection due to his meningitis and subsequent spinal tap procedures.

Service connection has been granted for bilateral shoulder conditions, elbow conditions, knee conditions, foot conditions, hip conditions, and ankle conditions.,The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development.

The Board has remanded the Veteran's service connection claim for sleep apnea due to incomplete consideration of relevant evidence and a need for an addendum opinion regarding the etiology of the disability. The examiner must consider the Veteran's testimony about his first experience with significant snoring after returning from deployment in 2008.

The Veteran's appeals for an increased rating for hypothyroidism and service connection for obstructive sleep apnea (OSA) are remanded due to the need for additional development, including obtaining updated VA examination opinions that consider his lay statements regarding symptom onset.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during service and granted service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea began during his active service and granted service connection for this condition.

The Board has dismissed all claims as the Veteran died during the appeal process and there is no jurisdiction to adjudicate the merits of these cases.

The Board has decided to remand the case due to insufficient opinions regarding the nature and etiology of the Veteran's obstructive sleep apnea, including whether obesity is a factor. The case will be returned for further examination and opinion.

The Board has decided to remand the cases for further consideration due to new evidence submitted by the Veteran and a need for AOJ review.

The Board has granted service connection for degenerative arthritis of the lumbosacral spine, intervertebral disc syndrome (IVDS), sacroiliac injury, and sacroiliac weakness on a direct basis as chronic disease under 38 C.F.R. § 3.303(b) due to continuous symptoms since service.

The Board has decided to remand the Veteran's claim for further development, including obtaining an addendum opinion from a VA examiner regarding whether his service-connected disabilities caused or aggravated his obesity, which may be relevant to his OSA.