Sleep apnea Board decisions

The Board granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected intervertebral disc syndrome (IVDS).

The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other issues.

The Board remands the issues of entitlement to increased ratings for lumbosacral strain, obstructive sleep apnea, and cervical strain due to a failure by the AOJ to provide notice of the Veteran's right to a pre-decisional hearing.

The Board granted service connection for obstructive sleep apnea and a 60 percent disability rating from September 12, 2022, for hiatal hernia with GERD. The appeal was denied for hypertension.

The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to service-connected posttraumatic stress disorder (PTSD), for a new VA medical opinion addressing the etiology of OSA.

The Board granted service connection for right ear hearing loss, left ear hearing loss, and sleep apnea. The claims for an initial rating higher than 10 percent for left ankle sprain and a compensable initial rating for common headaches were denied.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, and granted increased ratings of 60 percent for intervertebral disc syndrome (IVDS) of lumbar spine, 20 percent for right femoral nerve radiculopathy, and 20 percent for left femoral nerve radiculopathy. The Board also granted a total disability rating based on individual unemployability.

The Veteran's petition to readjudicate the claim of entitlement to service connection for obstructive sleep apnea (OSA) is granted, and the case is remanded for further development regarding both claims.

The Board granted service connection for obstructive sleep apnea, attributing the disability to asbestos exposure during military service.

The Veteran's April 13, 2011, sinus claim reasonably encompassed a claim for rhinitis; the claim for a higher initial rating for service connected sinusitis was continuously prosecuted since April 13, 2011; and an October 2021 VA-obtained Sinus/Rhinitis Disability Benefits Questionnaire reflects onset of allergic rhinitis in 2006 that is secondary to service connected sinusitis.

The Board granted an effective date of November 20, 2018, for the award of service connection for obstructive sleep apnea with asthma.

The Board remands the issue of entitlement to service connection for sleep apnea due to a need for an opinion addressing the theory of secondary service connection via obesity as an intermediate step.

The appeal was dismissed due to the Veteran's death during the pendency of the appeal.

The Board denied service connection for sleep apnea, finding no evidence that the condition began during or was related to active service, including exposure to contaminated water at Camp Lejeune.

The Board granted service connection for erectile dysfunction, PTSD, and obstructive sleep apnea. The TDIU claim was remanded.

The Board remands the Veteran's claim for service connection for obstructive sleep apnea for further development, including an adequate VA examination.

The Board remands the claims for a disability manifested by fatigue, to include CFS and sleep apnea; service connection for a pilonidal cyst with abscess; an effective date prior to August 5, 2021, for the grant of service connection for sinusitis on a direct basis; restoration of a 100 percent rating for service-connected papillary thyroid cancer from June 1, 2017; and an initial rating higher than 10 percent for service-connected hemorrhoids to ensure that the claims file is updated with complete medical treatment records and to obtain new VA examinations.

The Board denied service connection for a left ring finger disability, finding no evidence that the Veteran's current left ring finger disability began during active service or is otherwise related to an in-service injury or disease.

The Board remands the issues of entitlement to a disability rating in excess of 20 percent for lumbosacral strain with DDD and entitlement to SMC based on the need for regular aid and attendance for further development.

The Board remands the claims for service connection for obstructive sleep apnea and hypertension as secondary to a lumbar spine disorder, requiring new VA medical opinions addressing the aggravation aspect of secondary service connection and toxic exposure under the PACT Act.