Sleep apnea Board decisions

The Board has determined that a remand is necessary to correct a pre-decisional duty to assist error, including obtaining missing National Guard records and scheduling the Veteran for a VA examination.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for bowel incontinence and residuals scarring associated with a colon biopsy are denied, as is his claim for service connection for chronic headaches. His claims for lumbosacral strain and hypertrophic cardiomyopathy are granted.

The Board has remanded the case due to duty-to-assist errors and inadequate medical opinions regarding the Veteran's sleep apnea. The Veteran's service-connected PTSD is not found to be a cause of his sleep apnea, but the synergistic effect of all toxic exposure risk activities (TERA) is considered in determining whether sleep apnea was caused or aggravated by TERA.

The Board has granted service connection for adjustment disorder with mixed anxiety and depressed mood, but denied service connection for sleep apnea.

The Board has decided to remand the Veteran's claims for service connection for sleep apnea, hypertension, and left arm disability due to conflicting evidence in his treatment records. The case is sent back for further examination and opinion from an appropriate clinician.

The Board has remanded several issues for further development and review, including service connection claims for various disabilities. The Veteran's active service is from January 2013 to October 2017.

The Veteran's claim for service connection for diabetes mellitus type II, gastroesophageal reflux disease (GERD), obstructive sleep apnea, thoracolumbar spine disability, left hip disability, and right hip disability has been granted. The rating assigned is 10 percent for chronic allergic rhinitis effective October 9, 2023.

The Board has granted service connection for degenerative disc disease of the lumbar spine, bilateral lower extremity radiculopathy, left hip osteoarthritis, and right hip osteoarthritis as secondary to the Veteran's service-connected right knee condition.,Service connection has also been granted for liver condition (to include NASH), sleep apnea, and diabetes mellitus, type II, all secondary to his service-connected musculoskeletal disabilities.

The Veteran's degenerative arthritis, lumbosacral strain with IVDS, right lower extremity radiculopathy, and left lower extremity radiculopathy are all rated at 10 percent. The appeal is denied as the conditions do not warrant a higher rating.

The Veteran's service-connected disabilities, including prostate cancer, sleep apnea, and bilateral frostbite, have rendered him unable to secure or maintain substantially gainful employment since September 9, 2015. The Board has granted a TDIU effective that date.

The Board has granted service connection for obstructive sleep apnea (OSA) on a direct basis, finding that the Veteran's current condition is related to his active military service.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is secondary to his service-connected posttraumatic stress disorder.

The Board has decided to remand the case due to a failure to consider secondary service connection, and thus, the Veteran needs an examination to determine if their sleep apnea is related to any other current service-connected disabilities.

The Board has decided to remand the claims for respiratory disease and sleep apnea as secondary to schizophrenia, paranoid type, with depression and polysubstance abuse due to inadequate medical opinions. The Veteran's assertions will be considered in the adjudication of these claims.

The Board has remanded the claims for left knee strain, obstructive sleep apnea, atopic dermatitis, chronic rhinitis, and chronic sinusitis due to insufficient medical opinions addressing all theories of entitlement. The Veteran's conditions are now considered significantly worsened.

The Veteran's service connection for sleep apnea is granted based on a current diagnosis, in-service symptoms, and a nexus to his service-connected posttraumatic stress disorder.

The Veteran's service connection for sleep apnea is granted as the evidence shows a current diagnosis and in-service onset of symptoms, with no clear evidence that the condition existed prior to service.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, with obesity acting as an intermediate step.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected post-traumatic stress disorder, with obesity serving as an intermediate step.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no persuasive evidence to support a link between his current condition and active service.