Sleep apnea Board decisions

The Veteran's claims for service connection for sleep apnea and a skin condition are being remanded due to the need for additional examinations and opinions under the PACT Act.

The Board has granted service connection for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy affecting the sciatic nerve, effective January 12, 2024. Attorney fees are eligible based on past due benefits awarded in this decision.

The Veteran's lung condition and obstructive sleep apnea are being remanded for additional development to determine if they are related to service, specifically his in-service pneumonia. The claims will also be reviewed for secondary service connection due to the Veteran's tinnitus and hearing loss.

The Veteran's adjustment disorder with mixed anxiety and depressed mood is rated at 70 percent from October 31, 2023. Service connection for IBS and obstructive sleep apnea are granted as secondary to his service-connected disabilities.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.

The Board has granted service connection for tinnitus but remanded the issue of sleep apnea due to pre-existing duty-to-assist errors and new evidence.

The Board dismissed the appeals regarding service connection for sleep apnea, an earlier effective date for PTSD, and a disability evaluation for radiculopathy of all RUE radicular groups. The Veteran's appeal was dismissed due to lack of proper filing or because the issues were moot.

The Board dismissed the appeals for service connection for sleep apnea and a left shoulder condition due to the Veteran's withdrawal of the appeal.

The appeal of the proposed reduction in disability rating for lumbar decompression and fusion with lumbosacral strain is dismissed. The Veteran's initial higher disability ratings for sciatic radiculopathy of both lower extremities are denied, but he is granted a TDIU.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his condition is causally related to his military service and resolving reasonable doubt in his favor.

The Board has remanded the claim for service connection for OSA due to incomplete VA medical opinions regarding secondary causation and aggravation by hypertension. The Veteran's OSA is currently diagnosed, he was exposed to herbicide agents during his Vietnam service, and his primary disability (hypertension) is service connected.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to inadequate examination and medical opinions, as well as a failure to consider all potential toxic exposure risk activities (TERAs). The case will be returned to the AOJ for further development.

The Veteran's initial claim for service connection of obstructive sleep apnea was granted, and an effective date of December 28, 2016, was established. The Veteran is now rated at 50% for this condition.

The Veteran's service-connected disabilities do not render him so helpless as to require the regular aid and attendance of another person, but his service-connected persistent depressive disorder alone rendered him unable to secure or follow a substantially gainful occupation. The Board has granted SMC at the housebound rate.

The Board has granted service connection for left knee strain, right knee strain, lumbosacral strain (back disability), and obstructive sleep apnea. The evidence shows current diagnoses of these conditions and that symptoms started during service and have continued since service separation.

The Veteran's claim for service connection for breathing issues and bilateral hearing loss was dismissed. His claims for GERD, low back disability (disc protrusion at L5-S1), and sleep apnea were all granted.

The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.

The Veteran's obstructive sleep apnea is found to have had its onset during active service and the Board has granted service connection for this condition.

The Veteran's claims for mental depression/anxiety, obstructive sleep apnea (OSA), and gastrointestinal disorder are remanded due to the need for VA examinations and an adequate medical opinion.