Sleep apnea Board decisions

The Veteran's claims for service connection for bilateral hearing loss, colon cancer, BUE and BLE neuropathies, and OSA are being remanded due to the need for additional evidence. The Board is unable to consider certain records as they were not available at the time of the November 2020 supplemental claim decision.

The Board has determined that the Veteran's sleep apnea is related to his service-connected mental health conditions, specifically his anxiety disorder, obsessive compulsive disorder, and depressive disorder with traumatic brain injury. As such, the claim for service connection for sleep apnea is granted.

The Veteran's claims for service connection and a rating in excess of 30 percent for PTSD have been dismissed due to the death of the Veteran.

The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, which together preclude him from securing or following a substantially gainful occupation.

The Veteran is granted effective dates of April 18, 2018 for the grant of service connection for radiculopathy in both lower extremities.,A 20 percent rating is granted for lumbosacral strain and radiculopathies of the left and right lower extremities.

The Veteran's appeal for service connection of obstructive sleep apnea has been dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran withdrew their appeal regarding the reduction of the rating for lumbosacral strain with degenerative disc disease from 40 percent to 10 percent, effective March 23, 2022.

The Veteran's service-connected OSA and Parkinson's Disease, including right upper extremity bradykinesia, left stooped posture, and right stooped posture, are granted with increased ratings. The effective date is August 30, 2022.

The Board has remanded the claims for bilateral hearing loss, acquired psychiatric disability (to include PTSD), right knee strain, diabetes mellitus type II, and obstructive sleep apnea due to insufficient evidence regarding their etiology.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The appeal for service connection for erectile dysfunction is dismissed. The claim for service connection for obstructive sleep apnea is remanded.

The Veteran's service-connected lumbosacral strain, left and right lower extremity radiculopathy (femoral nerve) have been rated as 10 percent and 20 percent respectively. The Board has determined that the current ratings are appropriate.

The Board denied service connection for the Veteran's claimed left knee, right knee, cervical spine, and lumbosacral spine disorders due to a lack of current diagnoses related to these conditions during the appeal period.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for sleep apnea.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient evidence regarding its onset and etiology during service. The Veteran's lay statements and in-service reports are accepted as fact, but further medical opinion is needed.

The Board has remanded the Veteran's claims for obstructive sleep apnea and chronic fatigue syndrome due to a duty to assist error. The Veteran must be provided with more responsive VA medical opinions addressing whether his current conditions are related to service-connected depression or obesity, as well as whether they qualify under presumptive service connection provisions.

The Veteran's claims for service connection for various conditions, including erectile dysfunction secondary to PTSD, gastroesophageal reflux disease (GERD), irritable bowel syndrome, diabetes mellitus, hypertension, and obstructive sleep apnea, were granted with an effective date of January 11, 2023.

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

The Veteran's appeal of the denial of cervical spine disability and deferred sleep apnea claims is dismissed due to procedural defects.

The Board has denied service connection for Obstructive Sleep Apnea and Hypertension, finding that these conditions were not incurred in or aggravated by active duty. The decision also notes the Veteran's obesity may have contributed to his OSA but does not support a secondary service connection claim.