Sleep apnea Board decisions

The Board has decided that there was not substantial compliance with previous remand directives and has ordered a new development to adjudicate whether the November 2012 rating decision contained CUE in granting service connection for tinnitus, bilateral hearing loss, depression, and peripheral neuropathy of the right arm. The effective date for sleep apnea is still being considered.

The Board has remanded the case due to conflicting opinions regarding whether the Veteran's service-connected PTSD and/or status post left tibia stress fracture aggravated her obesity, which in turn caused or substantially contributed to her obstructive sleep apnea (OSA).

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected adjustment disorder with PTSD, mixed anxiety and depressed mood. The decision also denied a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran requires regular aid and attendance due to his service-connected disabilities, including sleep apnea, adjustment disorder with mixed emotional features, left knee arthritis, right shoulder arthritis, lumbar spine strain, cervical spine strain, hiatal hernia, left elbow dislocation, hypertension, hemorrhoids, post laceration of the right thigh with residual scar, and right shoulder surgical scar associated with right shoulder arthritis. As a result, special monthly compensation based on aid and attendance is granted.

The Veteran's service-connected TBI is found to cause his obstructive sleep apnea, acquired psychiatric disorder (including anxiety and bipolar disorders), migraines, tinnitus, and ED. Effective dates are granted for these conditions starting from October 5, 2016.

The Board has decided to remand the Veteran's claims of service connection for sleep apnea, depression, and an increased rating for a right knee condition due to additional evidence being added to his claim file.

The Board denied the Veteran's claim of entitlement to service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his military service or any presumptive exposure to herbicides. The Board also found insufficient evidence to establish a secondary service connection based on obesity and asthma.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected posttraumatic stress disorder. The issue of a disability rating in excess of 50 percent for PTSD and the TDIU claim are remanded.

The Board dismissed the appeals of the Veteran's claims for a compensable rating for cellulitis and service connection for sleep apnea as they were withdrawn by the appellant's authorized representative prior to the promulgation of a decision.

The Board denied an initial disability rating in excess of 20 percent for lumbosacral strain, finding that the evidence did not show forward flexion of the thoracolumbar spine at 30 degrees or less, which is required for a higher rating under DC 5237.

The Board has granted a 20 percent disability rating for lumbosacral strain, effective November 24, 2015. The appeal related to individual unemployability (TDIU) is dismissed.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his obesity, which is a result of his service-connected disabilities including PTSD and orthopedic conditions, was a substantial factor in causing his sleep apnea. The decision also found that this condition would not have occurred without his obesity.

The Veteran's sleep apnea is granted as secondary to his service-connected chronic rhinosinusitis. The appeal is granted in this limited scope.

The Veteran's obstructive sleep apnea and abnormal renal disorder are granted as service-connected. The abnormal renal disorder may be related to medications for his service-connected conditions.

The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea, finding that his current disability is etiologically related to his active duty military service.

The Veteran's PTSD, diabetes mellitus, coronary artery disease, and obstructive sleep apnea are granted as service-connected due to presumed exposure to herbicide agents. The bilateral eye condition is denied.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected back disability, bilateral lower extremity radiculopathy, left ankle disability, left shoulder disability and right hamstring strain. The decision is based on a medical opinion that links the OSA to the Veteran's service-connected disabilities.

The Board has denied service connection for obstructive sleep apnea and remanded the issue of service connection for asthma. The Veteran's obstructive sleep apnea was not first manifested during service or due to a service-connected disability, while his asthma may be related to herbicide exposure in Vietnam.

The Board has remanded several issues related to the Veteran's service connection claims, including left calf disability, sinusitis, left hip strain, right hip strain, chronic airway dysfunction, tension headaches, dermatitis with rosacea, left thigh strain, costochondritis, and a 10 percent evaluation for multiple noncompensable disabilities. The remand requires obtaining VA treatment records from March 2015 to the present and private healthcare provider records.

The Board has remanded the claim for a VA examination to determine the current severity of the Veteran's lumbosacral strain with DJD, L5-S1 (back condition).