Sleep apnea Board decisions

The Board has determined that a new VA examination is necessary for the Veteran's back disability, lower extremity radiculopathy, neck disability, ankle disabilities, hearing loss, tinnitus, and headache disability due to potential service connection issues.

The Veteran's post traumatic vascular headaches have been restored to a 10 percent rating from December 21, 2018.,The claims for reopening the service connection for psoriasis and skin condition (secondary to sexual trauma or exposure to depleted uranium) are remanded.

The Veteran's claims for a higher rating for lipoma excision scar, right posterior neck and reopening of the lumbosacral strain claim are remanded. The TDIU claim is also remanded.

The Board has remanded the claims for service connection for erectile dysfunction, to include as secondary to an acquired psychiatric disorder, other than PTSD, and/or sleep apnea. The Veteran's claim is not currently addressed in this decision.

The Board has remanded the claims of service connection for sleep apnea and asbestosis due to new evidence added by VA, requiring a Supplemental Statement of the Case.

The Board has decided to remand the case due to inadequate VA examination opinions and insufficient evidence regarding service connection for obstructive sleep apnea. A new VA examination is needed, along with consideration of potential secondary service connection.

The Veteran's claims for anxiety disorder, erythema multiforme, and Stevens-Johnson syndrome have been dismissed as the RO granted service connection for a different condition in April 2023. The Board has also remanded cases regarding upper back and lower back conditions due to insufficient evidence.,Service connection is denied for erythema multiforme and Stevens-Johnson syndrome, with no current diagnosis found in the record.

The Veteran's claim for service connection for sleep apnea is remanded due to insufficient evidence. The TDIU issue is also remanded as it is inextricably intertwined with the sleep apnea issue.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and nasal fracture due to additional development being warranted.

The Veteran's appeal for higher ratings for his lumbosacral strain, left and right lower extremity radiculopathy associated with the lumbosacral strain was denied. The current rating of 40 percent for lumbosacral strain is maintained.

The Board has granted service connection for the Veteran's claimed low back condition, cervical spine condition, right knee condition, left shoulder condition, bilateral ankle conditions, and obstructive sleep apnea. The Board also found that these conditions are at least as likely as not related to service.

The Board has determined that the Veteran does not have a current left knee disability or sleep apnea, and thus service connection for these conditions is denied.,For the right hip, left hip, right wrist, left wrist, and left shoulder disabilities, the Board has found insufficient evidence to determine their etiology and has therefore remanded these issues.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to inadequate opinions regarding secondary and direct service connection. A new opinion is needed using the 'but for' standard as per Federal Circuit precedent in Spicer v. McDonough.

The Board has remanded the claims of entitlement to service connection for obstructive sleep apnea and insomnia, as these conditions are claimed to be secondary to an acquired psychiatric disorder. The issues will be reconsidered after resolving the issue of service connection for depression.

The Veteran's claims for increased ratings and separate ratings for his lower extremity radiculopathies were denied. The Veteran's PTSD, right knee strain, lumbosacral strain with intervertebral disc syndrome, and sciatic nerve radiculopathy were all rated as 10 percent disabling or higher.

The Board has determined that the Veteran's sleep apnea began during his service and continues to this day, granting service connection for the condition.

The Veteran's effective dates for Dependents Educational Assistance (DEA) and special monthly compensation (SMC) based on housebound status are denied as they do not meet the criteria set forth in the applicable regulations.

The Veteran's July 2016 Notice of Disagreement (NOD) regarding the July 2015 rating decision was found to be untimely, and he submitted a new NOD in January 2017. The Board is remanding the case for proper appellate procedures.

The Board denied the Veteran's claim for an earlier effective date for a 50% rating for sleep apnea, finding that there was no ascertainable increase in severity of the disability within one year prior to June 12, 2018.

The Board has determined that the Veteran's obstructive sleep apnea began during service and continues after separation, granting service connection for this condition.