Sleep apnea Board decisions

The Board has decided to remand the Veteran's claims for an increased evaluation of his thoracolumbar strain with degenerative disc disease, right and left lower extremity sciatic radiculopathy. The reasons are that a VA examination was not conducted as required by law, and the issues are inextricably intertwined.

The Board has withdrawn the appeal for an increased evaluation for lumbosacral strain with intervertebral disc syndrome and has remanded the issue of service connection for obstructive sleep apnea.

The Board has decided to remand the claim of service connection for OSA due to insufficient medical opinion regarding whether it is aggravated by a service-connected condition.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD and resulting obesity.

The Veteran's petition for the VA to accept his Notices of Disagreement (NODs) as to the effective dates of service connection for a deviated septum and obstructive sleep apnea is granted. The Veteran was awarded service connection for these conditions with an initial 100% rating effective May 28, 2015.

The Board has remanded the claims of entitlement to service connection for obstructive sleep apnea and continued a 10 percent disability rating for his left thumb injury. The Veteran's left thumb injury residuals are currently rated as 10 percent disabling.

The Veteran's attorney is not eligible for fees based on past-due benefits from a March 2024 rating decision that increased disability ratings for migraines and colonic mucosa residuals.

The Board has denied the Veteran's claims for service connection for sleep apnea, left and right knee disorders, left and right ankle disorders, left and right hip disorders, a right elbow disorder, a back disability, and migraine headaches. The evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea on a direct basis, as secondary to in-service toxic exposure risk activities (TERAs), and as secondary to his service-connected disabilities. The evidence does not support a finding that OSA was present during service or is related to any such events.

The Board has granted service connection for sleep apnea, finding that it was caused by exposure to burn pits during active duty in Iraq and Kuwait. The Veteran's PTSD with major depressive disorder is also now service-connected.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected posttraumatic stress disorder.

The Veteran's appeal has been dismissed as he withdrew his claims prior to a scheduled hearing.

The Board has remanded the case due to a duty-to-assist error, specifically failing to provide a VA examination regarding the Veteran's in-service exposure to contaminated water at Camp Lejeune and its potential connection to his obstructive sleep apnea (OSA).

The Board has granted service connection for lumbosacral strain, chronic sinusitis, bronchitis, and right knee disability. Service connection was denied for right eye disability.,Service connection is granted for the Veteran's current symptoms of lumbosacral strain, chronic sinusitis, bronchitis, and right knee disability.

The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.

The Board has determined that the decision on appeal is remanded due to inadequate medical opinions regarding the relationship between the Veteran's service-connected major depressive disorder and her sleep apnea. The claim will be returned for further development.

The Veteran's service-connected disabilities, including bilateral hearing loss, total right and left knee replacements, tinnitus, degenerative disc disease with spinal fusion complications, painful middle back scar, and scars of the knees, have prevented him from securing and following a substantially gainful occupation. A TDIU is granted.

The Board denied the Veteran's claims for service connection for various conditions, including lumbosacral strain, bilateral cataracts, hearing loss, skin rash, chronic sinusitis, gastrointestinal disability (IBS), headaches, and allergic rhinitis. The evidence did not support a finding that these conditions were related to military service.

The Veteran withdrew his appeals for all the listed conditions, thus dismissing the appeal.

The Veteran's appeals for initial ratings assigned for intervertebral disc syndrome with lumbosacral strain and degenerative arthritis, radiculopathy of the left lower extremity sciatic nerve, radiculopathy of the right lower extremity sciatic nerve, and painful scar from microdiscectomy were dismissed because he had already filed a pending supplemental claim regarding these issues.