Sleep apnea Board decisions

The Veteran's low back disability has been granted a 40 percent evaluation, but no higher, throughout the appeal period.

The Board has found that further development of the medical evidence is necessary before adjudicating the claim for service connection for sleep apnea, as it relates to PTSD and/or sinusitis. The Veteran's representative provided medical literature suggesting a possible relationship between PTSD and OSA, which was not considered by the examiners.

The Veteran's TDIU claim is granted due to his service-connected PTSD preventing him from securing or following a substantially gainful occupation. The Board also remanded the issue of service connection for sleep apnea.

The Veteran's service-connected disabilities, including back disorder, bilateral lumbar radiculopathy of the lower extremity sciatic nerves, tinnitus, and GERD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted a total disability rating based on individual unemployability (TDIU).

The Board has reopened the Veteran's claim for service connection for a low back condition and granted it, finding that new evidence supports the claim. The preponderance of the evidence indicates that the Veteran's current low back condition is related to his military service.

The Veteran's sleep apnea is granted as service connected. The left knee disability is remanded for further examination and opinion.

The Board has remanded several issues related to the Veteran's PTSD, heart disability, and sleep apnea. The new evidence includes VA treatment records that have not been considered yet.

The Board has granted the Veteran's claims for service connection for OSA and a Left Knee Disorder, finding that these conditions are secondary to his service-connected right knee disability and major depressive disorder.

The Board has remanded the Veteran's claims for low back, right knee, left knee, right foot, left foot, neurological disorders (fibromyalgia and toxic encephalopathy), CFS, heart disorder, obstructive sleep apnea, hypertension, left ear hearing loss, and right ear hearing loss. The appeals are now pending with the AOJ.

The Board has determined that there is insufficient evidence to establish service connection for obstructive sleep apnea, and the case is being remanded for further development.

The Veteran's claim for a clothing allowance due to use of custom insoles/sling supports was denied as shoes are not classified as articles of 'clothing' that can be damaged by wear and tear for purposes of a VA clothing allowance.

The Board has denied the Veteran's claims for service connection for low back disorder, right hip disorder, left knee disorder, and obstructive sleep apnea. The evidence does not support a finding that any of these conditions are related to service or a service-connected disability.,Specifically, the VA examiners found no nexus between the Veteran’s current diagnoses and her military service.

The Board has remanded the cases for further development due to insufficient medical opinions regarding the etiology of the Veteran's left leg disability and sleep apnea. The claims for fibromyalgia remain denied.

The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of a chronic condition during service and the medical opinion does not support a link to military service, including exposure to asbestos.

The Board has determined that an effective date earlier than October 24, 2013 for the award of service connection for right lower extremity radiculopathy is denied. The Veteran's claim seeking an earlier effective date is not warranted as there was no clinical diagnosis of radiculopathy prior to October 24, 2013.

The Board has decided that the Veteran's OSA is not service connected on its own, but may be secondary to his service-connected bilateral knee disabilities. The decision is remanded for further examination and opinion regarding whether the knee disabilities caused obesity, which in turn caused the OSA.

The Board dismissed the Veteran's appeal of his right ankle disability as he explicitly withdrew it during a hearing. The cases for lumbar spine, bilateral knee, and obstructive sleep apnea disabilities are remanded.

The Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected cerebral sarcoidosis with partial seizures and arthralgia, has been remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for increased ratings for his lumbosacral strain, left and right lower extremity radiculopathy, as well as his claim for TDIU prior to April 23, 2019. The remand requires additional development including obtaining updated VA treatment records and scheduling a new examination.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision resolves doubt in favor of the Veteran.