Sleep apnea Board decisions

The Board has determined that the Veteran's OSA may be related to his service-connected disabilities and is presumptively linked due to exposure to burn pits. The case is being remanded for a VA examination to determine the etiology of the Veteran's OSA.

The Board has granted service connection for obstructive sleep apnea, finding that it is aggravated by the Veteran's service-connected PTSD.

The Board has granted the Veteran's claim for service connection of OSA as secondary to his service-connected GERD, finding that it is more likely than not that the OSA developed from the GERD.

The Board has granted service connection for the Veteran's back, right ankle, and right knee disorders. The conditions are found to be related to his active duty service.

The Board has remanded the case due to an inadequate opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected duodenitis and gastritis with GERD. A new medical opinion must be obtained that defines aggravation as 'any increase in disability' rather than 'beyond the natural progression'.

The Board has dismissed the appeals for service connection for deviated nasal septum and sleep apnea due to a withdrawal by the appellant's representative.

The Board has determined that the Veteran's currently-diagnosed obstructive sleep apnea is etiologically related to his active duty service and his service-connected major depressive disorder with unspecified anxiety disorder and panic attacks, resolving all reasonable doubt in favor of the Veteran.

The Veteran's initial compensable evaluation for service-connected obstructive sleep apnea (OSA) is granted at a rating of 50 percent, effective from July 26, 2018. The decision also acknowledges that the OSA was aggravated by his service-connected tinnitus.

The Board has denied service connection for sinus, eye, and sleep disorders. The right shoulder disorder claim is remanded due to a duty to assist error.

The Veteran was granted a TDIU prior to August 23, 2023, due to his service-connected disabilities preventing him from obtaining and maintaining gainful employment. The issue of TDIU beginning on or after August 23, 2023, is moot as the Veteran has been in receipt of a combined 100% rating.

The Board has granted service connection for Obstructive Sleep Apnea as secondary to the Veteran's service-connected low back and left lower extremity radiculopathy disabilities, which caused obesity that was a substantial factor in developing OSA.

The Board has found that the Veteran's service connection claims for hepatocellular carcinoma, coronary artery disease, diabetes mellitus type II, hypertension, diabetic nephropathy, obstructive sleep apnea, iron deficiency anemia, and erectile dysfunction are remanded due to a failure to verify the Veteran's exposure to herbicide agents while stationed in Korea.

The Board has determined that there was a pre-decisional duty to assist error and remanded the claims for service connection for diabetes mellitus type II as secondary to PTSD and sleep apnea as secondary to PTSD. The Veteran's appeal is being remanded to correct this error.

The Board has determined that new and relevant evidence has been submitted regarding the Veteran's claims for service connection for obstructive sleep apnea, to include as secondary to nasal septal deformity, and bilateral hearing loss. The AOJ is therefore required to consider these claims on their merits.

The Veteran's sleep apnea is found to have started during service and is related to his time in the military, leading to a grant of service connection.

The Veteran's need for regular aid and attendance is due to service-connected disabilities, leading to the grant of SMC based on the need for aid and attendance. The issue of entitlement to SMC by reason of being housebound is dismissed as moot.

The Veteran's claims for service connection for bilateral hearing loss and sleep apnea have been denied as there is no current disability of such disorders, and the evidence does not support a finding that they are related to his military service.

The Board has decided to remand the case due to deficiencies in the previous examination report, specifically regarding the secondary service connection for OSA. The Veteran's obesity is considered an intermediary factor between his service-connected disabilities and OSA.

The Board has remanded the issues of entitlement to an initial compensable disability rating for lumbosacral strain with degenerative arthritis of the spine and spondylolisthesis from July 21, 1973, to February 7, 2017, and entitlement to an initial disability rating in excess of 20 percent for left lower extremity radiculopathy of the sciatic nerve associated with service-connected back disability. The remand is due to a duty-to-assist error regarding SSA records.

The Board has found new and relevant evidence that the Veteran's obstructive sleep apnea may be related to his service-connected disabilities, including a cervical spine injury and lumbosacral strain. The case is being remanded for further review.