Sleep apnea Board decisions

The Veteran's appeal for increased ratings for lumbosacral strain with IVDS and mild recurrent major depressive disorder, with somatic pain disorder was denied. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD, finding that there is at least equipoise evidence and resolving reasonable doubt in favor of the Veteran.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which in turn caused his obstructive sleep apnea (OSA).

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant as they do not result in anatomical loss, blindness, or significant functional impairment that would qualify under the applicable regulations.

The Board has remanded the case due to an incomplete VA opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected allergic rhinitis. The claim will be returned for a new examination.

The Board has determined that further development is necessary for the Veteran's claims of service connection for sleep apnea, increased ratings for his service-connected back disability and associated neurological disabilities, and TDIU. The case will be remanded to obtain additional VA examination opinions and a retrospective opinion.

The Veteran's lumbosacral strain with degenerative disc disease of the lumbosacral spine is rated at 20 percent prior to January 16, 2024 and denied for a higher rating.

The Veteran's service connection claims for obstructive sleep apnea, irritable bowel syndrome, chronic fatigue syndrome, gastroesophageal reflux disease, and symptoms of a traumatic brain injury are all granted. The case is also REMANDED for further examination and opinion regarding the claim for service connection for chronic fatigue syndrome.

The Veteran's claims for a compensable rating for service-connected bronchitis and service connection for sleep apnea are remanded due to pre-decisional duty to assist errors. The case will be returned to the AOJ for correction of these errors.

The Veteran's claim for service connection for bilateral hearing loss has been denied. The Board found that the Veteran does not have current right ear or left ear hearing loss to a level recognized as a ratable disability for VA compensation purposes.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected musculoskeletal disabilities, specifically left ankle strain, left hip strain, and left knee strain. The weight gain resulting from these conditions is considered an intermediate step in the causation of OSA.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD) and tinnitus.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to increased ratings for sleep apnea and chronic bronchitis, as well as bilateral hearing loss. The AOJ must schedule the Veteran for VA examinations to assess his current symptoms and manifestations of these disabilities.

The Board has remanded the Veteran's claim for service connection for sleep apnea as secondary to her service-connected thyroid disability and/or allergic rhinitis due to a pre-decisional duty to assist error. The AOJ will consider any additional evidence when readjudicating the claim.

The Board has dismissed the appeal for entitlement to service connection for sleep apnea due to a procedural defect in filing the Notice of Disagreement (NOD).

The Veteran's claims for increased evaluations of his lumbosacral and cervical degenerative joint diseases were denied as the evidence did not support a higher rating.

The Board has remanded the Veteran's claims for obstructive sleep apnea, prostate cancer with total prostatectomy residual voiding dysfunction, chronic adjustment disorder, and TDIU due to a duty to assist error. The issues are remanded for further development.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it was aggravated by her service-connected low back and bilateral knee disabilities.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and hypothyroidism due to a duty to assist error. The Veteran was not provided with VA examinations in association with his claims, and the Board finds that additional development is required.

The Board has remanded the case due to a duty to assist error, and will consider evidence of record at the time of the October 2023 supplemental claim decision.