Sleep apnea Board decisions

The Board has decided to remand the case due to errors in obtaining relevant medical records and providing adequate rationale for the decision. The Veteran's OSA is being reviewed again with a focus on earlier diagnosed conditions.

The Board denied service connection for a back disability, left leg disability, right-hand disability and sleep apnea as there is no evidence of these conditions in service or within one year following discharge. The Veteran's current disabilities are not shown to be related to his military service.,Service connection was also denied for TDIU due to the presence of multiple service-connected disabilities (back disability, left leg disability, right-hand disability and sleep apnea) that do not meet the criteria for a combined rating of 70% or more.

The Board has remanded three issues related to the Veteran's claims for service connection. The first issue is whether new and relevant evidence has been received to warrant readjudication of a previously denied claim for chest cold/acute respiratory disease (claimed as pneumonia). The second issue is entitlement to service connection for bronchial asthma, which is secondary to chest cold/acute respiratory disease. The third issue is entitlement to service connection for left eye retinal detachment, which is secondary to the Veteran's right knee disability.

The Veteran's obstructive sleep apnea (OSA) is considered to have been incurred during his active duty service, and the Board has granted service connection for OSA.

The Veteran's claim for earlier effective dates for his service-connected disabilities is dismissed as the earliest possible effective date, January 1, 2019, has already been assigned.

The Board has decided to remand the case due to a failure to provide a VA examination for sleep apnea, which is necessary to determine its etiology and whether it is related to service-connected conditions.

The Veteran's sleep apnea was incurred during a period of active duty for training (ACDUTRA) in October 2011, and the Board has granted service connection for this condition.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to service or a service-connected disability.

The Veteran's service-connected disabilities, including lumbosacral strain, bilateral knee and hip conditions, prevent him from securing and following substantially gainful employment.

The Board has remanded the claims of service connection for obstructive sleep apnea and TDIU due to deficiencies in the prior examination report, particularly regarding the potential secondary nexus between PTSD and obstructive sleep apnea. The AOJ is instructed to obtain an addendum opinion addressing these issues.

The Veteran's lumbar spine condition is rated at a maximum of 40 percent since September 26, 2019.

The Veteran's service connection for sleep apnea is granted. However, the Veteran's claim for an initial rating higher than 20 percent for his lumbar spine disability remains denied.

The Veteran's claims for service connection for headaches, sleep apnea, and a cervical spine disability are granted. The claim for bilateral hearing loss is not reopened. Service connection for tinnitus is denied. An evaluation in excess of 20 percent for left foot contusion residuals with pes planus and lumbar scoliosis with sprain is denied.

The Veteran's claims for service connection for sleep apnea, thyroid nodules, and gastroesophageal reflux disease (GERD) have been dismissed due to the death of the appellant.

The Board has remanded the Veteran's claims for obstructive sleep apnea and hemorrhoids due to insufficient medical opinions regarding secondary service connection.

The Board has decided to remand the claim for service connection for lumbosacral strain due to insufficient information in previous medical opinions. The Veteran's current back disability may be related to his active service, including parachute jumps and a left foot injury.

The Board has denied a higher disability rating for PTSD and granted an earlier effective date of November 12, 2014 for the initial award of service connection for PTSD. The appeal is remanded to determine if the Veteran should be awarded a disability rating for sleep apnea.

The Board has remanded the case due to inadequate examination and failure to obtain records from the Ochsner Clinic. The Veteran's symptoms of snoring, gasping for air, and daytime fatigue are noted as having continued since service.

The Board has remanded the case due to insufficient consideration of the effect of the Veteran's PTSD medications on his sleep apnea. The case will be returned for further development and an addendum opinion.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical examinations, as well as obtaining VA treatment records and Social Security Administration records. The Veteran is also being asked to provide private medical records from Cleveland Clinic.