Sleep apnea Board decisions

The Board remands the claims for service connection for COPD and OSA to correct pre-decisional duty to assist errors, including verifying herbicide exposure and obtaining an adequate medical opinion.

The Board granted readjudication of previously denied claims for service connection for right and left shoulder, right and left hip, bilateral hearing loss, gastrointestinal, bilateral kidney, and urinary disorders based on new and relevant evidence. Service connection was also granted for sinusitis with an earlier effective date. The claim for a peripheral vestibular disorder (claimed as vertigo) was denied.

The Board denied service connection for obstructive sleep apnea, finding no evidence linking the condition to the Veteran's military service or any service-connected disability.

The appeal for increased ratings for hypertension and bipolar disability was dismissed due to failure to comply with claims processing rules. The Board found that the September 2022 VA Form 10182 can be liberally construed as an appeal of his denial of an obstructive sleep apnea disability.

The Board granted service connection for the Veteran's sleep apnea, finding that it began during his active duty service.

The Board remands the claims for further development, including obtaining additional medical evidence and addressing potential toxic exposure risk activities (TERAs) under the PACT Act.

The Board denied service connection for multiple conditions, including hand impairments, hearing loss, PTSD, depression, sleep apnea, shortness of breath, and GERD, as the evidence did not support a finding that these conditions were incurred in or caused by active military service.

The Veteran's service connection for obstructive sleep apnea was granted, while his claims for hypertension and chronic fatigue syndrome were denied.

The Board granted the direct payment of attorney fees for service connection and increased evaluation of OSA with asthma, but denied it for other conditions.

The Board granted service connection for sinusitis, obstructive sleep apnea, and irritable bowel syndrome, and a 40 percent disabling rating for the left shoulder strain.

The Board remands the case for additional VA examinations to correct pre-decisional duty to assist errors.

The Board granted service connection for obstructive sleep apnea (OSA) as it is related to the Veteran's service-connected PTSD and tinnitus.

The Board remands the claim for service connection of obstructive sleep apnea to obtain an addendum VA medical opinion that addresses the Veteran's symptoms and lay statements.

The Board granted service connection for sleep apnea as secondary to the Veteran's service-connected disabilities and resulting obesity.

The Board denied service connection for pseudofolliculitis barbae and a compensable rating for post-traumatic arthritis, left fifth MCP joint. The claims for right shoulder pain and sleep apnea were remanded.

The Veteran's service-connected migraine headaches are rated at 50 percent, and he is granted a total disability rating based on individual unemployability due to his service-connected disabilities.

The Veteran was granted a 70 percent rating for PTSD prior to October 11, 2018, but denied higher ratings for his knee and spine conditions.

The Board remands the claims for service connection for various disorders, including knee and lumbar spine conditions, due to inadequate medical opinions that fail to adequately separate out symptoms related to service-connected disabilities from nonservice-connected disabilities.

The Veteran's service-connected physical and mental health disabilities prevent him from obtaining and maintaining substantially gainful employment, thus a TDIU is granted. However, the Veteran's claim for service connection for surgical back issues was denied.

The Board remands the claims for further development and to correct pre-decisional errors in the duty to assist.