Sleep apnea Board decisions

The Veteran's appeal for service connection of sleep apnea has been dismissed due to his death.

The Board has decided that the Veteran's respiratory disorder, including obstructive sleep apnea and pulmonary embolus, is related to his service-connected type II diabetes mellitus. However, the opinion provided by the VA examiner did not address the aggravation aspect of the secondary service connection claim or the specific facts of the case regarding the onset of the Veteran's sleep apnea in service. Therefore, the matter must be remanded for further examination and opinion.

The Board has remanded the Veteran's claims for obstructive sleep apnea, lumbar spine disability rating, and TDIU due to inadequate medical opinions in the July 2019 VA examination.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the criteria for service connection have been met, as his PTSD is related to his in-service combat experiences. The Veteran's claim for secondary service connection for sleep apnea is remanded and requires further examination.

The Board has granted service connection for generalized anxiety disorder (claimed as PTSD due to MST) and denied service connection for obstructive sleep apnea. The Veteran's generalized anxiety disorder is related to in-service sexual assault, while her obstructive sleep apnea does not have a link to service.

The Veteran's claims for right ear hearing loss, tinnitus, and sleep apnea to include as secondary to PTSD are denied. The claim for an acquired psychiatric disorder including PTSD is granted but the issue of service connection for left ear hearing loss is remanded.

The Veteran's claim for service connection for sleep apnea is denied, but his PTSD is granted an initial 70 percent rating.

The Board dismissed the Veteran's claim for an earlier effective date for a 50 percent evaluation of obstructive sleep apnea, finding that the determination became final and binding on the Veteran with respect to the assignment of the October 9, 2007 effective date.

The Board has decided that the Veteran's claim of entitlement to service connection for obstructive sleep apnea as secondary to his service-connected PTSD should be remanded due to a duty-to-assist error in obtaining an adequate opinion regarding whether PTSD causes or aggravates sleep apnea.

The Veteran's tinnitus and PTSD have been granted service connection, with a 50% rating for PTSD. The lumbosacral strain disability has been denied an increased rating.

The Veteran's hypertension is not service-connected as it is not related to his active duty service, including exposure to herbicide agents.,The Veteran's obstructive sleep apnea is not service-connected as it is not secondary to his service-connected diabetes mellitus, type II.

The Board has decided to remand the case due to insufficient evidence and need for further examination, particularly regarding the Veteran's service connection claim for obstructive sleep apnea.

The Veteran's claims for a higher rating for his low back disability and TDIU are remanded due to lack of substantial compliance with previous Board directives.

The Board has decided that the Veteran's obstructive sleep apnea is service connected, but has remanded for further examination and opinion regarding his restless leg syndrome.

The Veteran's claim for service connection for left knee disability, back disability, headaches secondary to PTSD, bilateral hearing loss, tinnitus, and sleep apnea is not reopened. The Veteran's PTSD has been granted a 70% rating effective from February 8, 2018. An earlier effective date for the increased PTSD rating cannot be established.

The Board has determined that the VA examinations and opinions provided were not sufficient to address the Veteran's claims for service connection. The Veteran is being remanded for additional evaluations and opinions.

The Veteran's service-connected disabilities have rendered him unable to secure and follow any substantially gainful employment since September 27, 2012. Effective as of that date, he is granted a TDIU and basic eligibility for DEA benefits.

The Veteran's lumbosacral strain with arthritis is rated at 40 percent from April 18, 2017. He also received a grant for special monthly compensation based on need for aid and attendance.

The Board has decided to remand the cases for further development and consideration, including obtaining an addendum opinion regarding the etiology of the Veteran's obstructive sleep apnea and its relationship to his service-connected pulmonary histoplasmosis.

The Board has remanded the case due to inadequate development and the need for additional medical opinions regarding the Veteran's sleep apnea, including whether obesity is an intermediate step in its development or if it was caused or aggravated by service-connected conditions.