Sleep apnea Board decisions

The Board has restored the Veteran's 20 percent rating for lumbosacral strain and remanded his claims regarding hypertension and cervical strain.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disability and lumbar spine disability, with obesity acting as an intermediate step.

The Veteran's service-connected other specified trauma and stressor related disorder is found to have caused weight gain, which in turn led to his current diagnosis of sleep apnea. Service connection for sleep apnea is granted as secondary to the service-connected condition. The Veteran's lumbar spine degenerative disc disease and bulging disc are not manifested by forward flexion of 30 degrees or less, nor by favorable ankylosis, so a rating greater than 20 percent is denied.

The Veteran's sleep apnea was first diagnosed during active service in 2018, and the Board has found that it is related to his military service. Therefore, service connection for sleep apnea is granted.

The Board has granted earlier effective dates for the awards of service connection for COPD and sleep apnea, special monthly compensation based on housebound criteria being met, and basic eligibility to Dependents' Educational Assistance (DEA) based on permanent and total disability status. These awards are effective from November 16, 2020.

The Board has remanded several service connection claims for further development, including those for pes planus, left wrist cyst disability, gastrointestinal disability (separate from chronic constipation), cardiovascular disability, hypertension, obstructive sleep apnea (OSA), fatigue disability, headache disability, left knee disability, back disability, right shoulder disability, left shoulder disability, and right wrist disability. The gastrointestinal claim was expanded to include any gastrointestinal disability separate from the already service-connected chronic constipation.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis of sleep apnea is related to his active military service.

The Veteran's claim for bilateral hearing loss disability is denied as there is no evidence of a current disability.,The issue of service connection for headache (Tension Headaches) is dismissed because the AOJ implicitly granted service connection in a prior decision.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's OSA was caused or aggravated by his service-connected PTSD, and thus grants service connection for OSA as secondary to PTSD.

The Veteran's appeal to restore a 100% rating for pulmonary tuberculosis with sleep apnea is dismissed as the rating has already been in effect for more than 20 years.

The Veteran's claims for increased ratings for lumbosacral strain and lumbar degenerative disc disease and spondylosis, as well as plantar fasciitis, were denied. The Veteran was not granted a higher disability rating.

The Board has remanded the Veteran's claims for diabetes, hypertension, and sleep apnea due to inadequate medical opinions regarding their onset or relationship to service. The VA is required to provide a new examination that addresses all pertinent evidence of record.

The Veteran's service connection for obstructive sleep apnea as secondary to PTSD is granted. The claims for fatigue, trigger thumbs, and respiratory disorder are denied.

The Board denied the Veteran's claims for service connection for bilateral ankle pain, diabetes mellitus, dyspepsia, erectile dysfunction, and sleep apnea due to lack of new and relevant evidence. The claim for a compensable disability rating for hearing loss was also denied.

The Veteran's increased ratings for lumbosacral spine strain and sciatic radiculopathy of the left lower extremity are denied as his disability picture does not warrant a higher rating under applicable criteria.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his symptoms began during service and resolving all reasonable doubt in his favor.

The Board has remanded the cases due to insufficient attempts by the AOJ in scheduling VA examinations for the Veteran. The Veteran's good faith efforts to reschedule were not adequately addressed.

The Board has granted service connection for sleep apnea, finding that the Veteran's lay statements and medical opinions support a link between his in-service experiences and the development of this condition.

The Board has remanded the case due to a pre-decisional duty to assist error, requiring the Veteran to be scheduled for a VA examination to determine if his obstructive sleep apnea is related to his service.

The Veteran's appeal for service connection of obstructive sleep apnea has been dismissed due to the death of the Veteran.