Sleep apnea Board decisions

Effective September 1, 2019, the Veteran is granted a TDIU due to his service-connected disabilities preventing him from securing and following substantially gainful employment.

The Board has determined that the Veteran's OSA is due to his service-connected disabilities, specifically his psychiatric disability and lumbar spine disability. As a result, the claim for service connection for OSA as secondary to these conditions is granted.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the opinions provided by VA examiners. The Veteran's claim for service connection for obstructive sleep apnea (OSA), which is secondary to his service-connected post-traumatic stress disorder (PTSD), needs further examination and opinion.

The Board has dismissed the claims of service connection for Right Hip Disability, Right Shoulder Disability, and Sleep Apnea due to their concurrent withdrawal. The claim of service connection for Bilateral Hearing Loss is remanded for readjudication.

The appeal for a higher rating for PTSD and related conditions is being remanded due to the need for further medical evaluation. The Veteran's service connection claims for TBI residuals, OSA, and cardiovascular disabilities are also being remanded.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD with unspecified depressive disorder, based on a private medical opinion that it is at least as likely as not that the sleep apnea is caused by his service-connected conditions and weight gain.

The Veteran's claim for service connection for irritable bowel syndrome was dismissed. Her claim for sleep apnea was granted, with the Board finding that her psychiatric disability aggravated her sleep apnea. The Veteran's claim for a rating in excess of 50 percent for migraines was denied. She received a 70 percent rating for her acquired psychiatric disorder, which met the criteria for TDIU and housebound SMC.

The Board has remanded the claims for service connection for lumbar spine and bilateral knee disabilities due to inadequate VA medical opinions. The Veteran's claims are characterized as new and material, and further examination is required.

The Board has determined that new and relevant evidence has been received to readjudicate the claims of service connection for a heart disability, including cardiac arrhythmia, and obstructive sleep apnea. The claims are being remanded due to the need for additional medical opinions regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has denied the Veteran's claim for service connection of OSA, secondary to her service-connected paresthesia neuropathy of the right foot, secondary to excision of ganglion cyst on dorsum aspect. The evidence does not support a finding that the Veteran's OSA is caused or aggravated by her service-connected condition.

The Board has determined that there was a duty to assist error in the January 2020 decision and remanded for further development, including obtaining a VA examination and medical opinion regarding the Veteran's OSA. The issues include determining if the Veteran's OSA is related to service or his service-connected insomnia disorder.

The Board has decided to remand the case due to duty-to-assist errors and insufficient opinions regarding secondary service connection for obstructive sleep apnea.

The Board denied the Veteran's claims for TDIU, right shoulder disability rating, PTSD disability rating, and OSA disability rating. The appeal of the OSA rating was dismissed due to withdrawal by the Veteran.

The Veteran's claims for service connection for a back disorder, right knee disability, left knee disability, and OSA have been granted due to the submission of new and relevant evidence.,The Board has readjudicated these claims based on the additional evidence provided by the Veteran.

The Veteran's service-connected PTSD is found to be the cause of his current obstructive sleep apnea. For tension headaches, a rating in excess of 50 percent has been granted effective August 10, 2022.

The Board has determined that the Veteran's claims for service connection for major depressive disorder, generalized anxiety disorder, a low back disorder, migraines, and obstructive sleep apnea must be remanded due to pre-decisional duty to assist errors. The AOJ is instructed to schedule the Veteran for new examinations to determine the nature, extent, onset, and etiology of her claimed conditions.

The Veteran's sleep apnea was incurred during his active duty service and the Board has granted service connection for this condition.

The Board has decided that the Veteran's hypertension, prostate disorder, and sleep apnea are secondary to his service-connected PTSD. However, due to a duty to assist error, the case is being remanded for further evaluation.

The Board has denied the Veteran's claims for service connection for heart condition and obstructive sleep apnea, finding that there is no evidence of a nexus between these conditions and his active duty service.

The Veteran's service connection for left and right hip strains is granted, with the onset of symptoms during active service.,Service connection for sleep apnea is also granted.