Sleep apnea Board decisions

The Veteran's service-connected lumbosacral strain with narrowing L4-L5 disc space, radiculopathy sciatic nerve, gastroesophageal reflux disorder, and rhinitis are found to have caused or aggravated the Veteran's obstructive sleep apnea (OSA). As a result, the Board has granted service connection for OSA as secondary to these pre-existing conditions.

The Board dismissed the Veteran's appeal regarding the timeliness of the May 28, 2021, HLR appeal for earlier effective dates on the merits as there is no longer a claim in controversy.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected residuals of a fractured nose.

The Board has decided to remand the case due to errors in duty to assist, and requires a new VA examination to determine if the Veteran's OSA is related to service or aggravated by his service-connected conditions.

The Veteran's service-connected disabilities, including major depressive disorder, bilateral hearing loss, tinnitus, and obstructive sleep apnea, render him unable to secure or follow a substantially gainful occupation. As such, the Board has granted TDIU effective from April 5, 2019.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD. The March 2022 private opinion from Dr. T.F., Psy.D., provided a thorough rationale linking the Veteran's sleep apnea to his PTSD.

The Board has remanded the Veteran's claims for sleep apnea syndrome and right eye disorder due to a lack of proper consideration of evidence, including the Veteran's wife's statements regarding his symptoms. The VA examiner is requested to provide an addendum opinion addressing the etiology of the Veteran's sleep apnea and any other diagnosed conditions.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her service-connected conditions did not prevent her from securing and following substantially gainful employment.

The Veteran's claim for service connection of obstructive sleep apnea was granted with an effective date of November 24, 2017. The Board found that the Veteran has continuously pursued this claim since November 14, 2017.

The Veteran has withdrawn his appeals for the claims of right shin splint, left shin splint, mood disorder, sciatic radiculopathy (right lower extremity), lumbosacral strain, irritable bowel syndrome with gastroesophageal reflux disease and esophagitis, allergic rhinitis, sciatic radiculopathy (left lower extremity), and bilateral hearing loss.

The Veteran's tension headaches are rated at 30 percent effective December 28, 2022. The rating for lumbosacral strain, degenerative arthritis, and IVDS is granted at 20 percent effective December 28, 2022.

The Veteran's appeals for service connection for hypertension and lumbosacral strain have been dismissed due to the Veteran's death.

The Board has decided to remand the claim of service connection for lumbosacral strain due to insufficient rationale in the VA examiner's opinion and failure to consider certain evidence.

The Board has decided to remand the claims for service connection for PTSD and OSA due to errors in providing necessary notice and obtaining relevant military records.

The Veteran's claim for an increased rating of PTSD was denied, and the appeal to service connect Sleep Apnea was dismissed due to concurrent appeals.

The Veteran's claim for an effective date of April 23, 2019 for service connection for sleep apnea is granted. The AOJ should also determine the initial evaluation and when basic eligibility for DEA benefits was established.

The Board has granted service connection for allergic rhinitis on a presumptive basis due to exposure in the Southwest Asia theater of operations, specifically in Qatar. However, it denied service connection for obstructive sleep apnea and denied entitlement to a compensable rating for a right little finger condition.,The Veteran's appeal was remanded for further action regarding his claims for back, neck, left shoulder, right shoulder, hemorrhoids, and stomach conditions.

The Veteran's appeals for service connection for hypertension and lumbosacral strain have been dismissed due to the Veteran's death.

The Board has granted service connection for a low back disability, finding that it is at least as likely as not secondary to the Veteran's service-connected bilateral knee disabilities.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea (OSA) before the Board could make a decision.