Sleep apnea Board decisions

The Veteran's claim for service connection for obstructive sleep apnea with solitary pulmonale nodule (OSA) is denied as the earliest possible effective date allowed by law has been awarded, which is May 1, 2020.

The Veteran's claims for increased ratings and service connection have been remanded due to the need for additional examinations and evaluations.,Specifically, a new VA examination is required for his lumbar spine disability.

The Veteran's tinnitus is granted service connection and rated at 10%. The rating for his MDD remains at 70%, but a TDIU is granted. OSA service connection is remanded.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claim for service connection for temporomandibular joint dislocation (TMD), also claimed as TMJ. The issue of service connection for obstructive sleep apnea (OSA) is not being readjudicated due to lack of relevant new evidence.

The Board has denied service connection for the right hip, left hip, and right ankle conditions. The cervical spine condition and lumbosacral strain (low back strain) are remanded due to insufficient examination or opinion.

The Board has remanded the claims for service connection for insomnia, obstructive sleep apnea (OSA), and traumatic brain injury due to conflicting statements from the Veteran and outstanding medical records.

The Board has remanded the Veteran's claims for service connection for lung cancer and obstructive sleep apnea due to inadequate medical opinions. The cases are now pending further review.

The Board has remanded the claims for additional development due to a pre-decisional duty to assist error regarding Social Security Administration (SSA) records.

The Board denied the Veteran's claim for service connection for left retroperitoneal tumor with liposarcoma, finding no causal link between his current disability and exposure to jet fuel during service. The examiner concluded that the Veteran was not exposed to specific toxins known to cause or aggravate his liposarcoma.

The Veteran's claim for service connection for obstructive sleep apnea was granted effective February 26, 2013. The Board has now determined that the earliest date on which a formal or informal claim could have been filed is December 17, 2012.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) was denied because the new evidence submitted since the January 2020 rating decision is cumulative or redundant of the evidence at that time and does not tend to prove or disprove a matter at issue.

The Board has remanded the case due to procedural issues and inadequate medical examination, requiring further development and a new VA medical opinion.

The Board has denied service connection for diabetes mellitus and remanded the claims for sleep apnea (OSA) and neurocognitive disorder due to insufficient evidence.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as no formal or informal claim was received prior to January 5, 2015.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the submission of new and relevant evidence. The Board finds that a VA examination is needed to determine if his sleep apnea condition was caused or aggravated by his service-connected major depressive disorder with generalized anxiety disorder.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD, and thus grants the claim for service connection.

The Board has decided to remand the Veteran's claim for service connection due to a pre-decisional error in not obtaining an adequate VA medical opinion prior to the October 2019 rating decision on appeal. The Veteran is required to provide additional evidence and clarification of his claims.

The Board has granted the Veteran's claim for service connection for central sleep apnea as secondary to his service-connected unspecified anxiety disorder.

The Board has determined that the decision on appeal is not final and requires additional medical opinions to address the correct legal standards and the holding in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).

The Board has found a pre-decisional duty to assist error and remands the case for a VA medical opinion to clarify the etiology of the Veteran's claimed sleep apnea, including whether it is related to service-connected bronchial asthma.