Sleep apnea Board decisions

The Veteran's allergic rhinitis has been granted a 30% evaluation. The cervical and lumbar spine disorders, as well as the obstructive sleep apnea, are being remanded for further development. The compensable initial evaluation for folliculitis of the scalp, face, and neck is also being remanded. The SMC claim is part of the pending increased rating claims.

The Board has granted service connection for obstructive sleep apnea as secondary to service-connected asthma, rendering the issue moot and thus dismissed.

The Veteran's claim for a higher disability rating for lumbosacral strain is remanded due to duty-to-assist errors, including the failure to obtain relevant private medical records and an inadequate VA examination.

The Veteran's claims for a compensable initial rating for allergic rhinitis and service connection for sleep apnea have been denied. The Board found that the evidence did not support granting these claims.

The Veteran's service connection claims for PTSD with TBI and vertigo, headaches, lumbosacral strain, sciatica (both sides), shoulder rotator cuff tendonitis (both sides), tinnitus, and bilateral varicocele and hydrocele are granted effective April 26, 2022.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD.

The Veteran seeks an earlier effective date for SMC based on housebound status and eligibility for Dependents' Educational Assistance (DEA) benefits. The Board has determined that the earliest possible effective dates are February 18, 2014 for SMC and February 19, 2014 for DEA.,The Veteran's service-connected disabilities include Ehlers-Danlos Syndrome, which was granted a permanent and total rating from February 18, 2014. This resulted in the assignment of earlier effective dates for both SMC and DEA benefits.

The Board has determined that there was a duty to assist error in the previous rating decision and has remanded the case for further development.

The Veteran's claims for low back pain, left lower extremity radiculopathy (sciatic nerve), and PTSD with mood disorder have been granted. The effective dates are set at July 13, 2020, for the low back pain claim, November 30, 2020, for PTSD, and October 7, 2021, for left lower extremity radiculopathy.

The Veteran's appeal is remanded due to a duty to assist error in the VA examinations prior to the decision. The Board requires further development to determine the severity of his eye disabilities and their relationship to service.

The appeal for service connection for PTSD secondary to MST is dismissed. The claims of service connection for erectile dysfunction, IBS, and sleep apnea are remanded.

Your appeal for sleep apnea, left shoulder, and right shoulder disabilities has been dismissed as the issues were not addressed in your November 2021 decision.

The Veteran's sleep apnea, lumbar spine disability, and PTSD have been granted service connection on a direct basis.,Service connection for ED is remanded as secondary to PTSD. Service connection for headaches is also remanded as secondary to PTSD.

The Board has remanded the claim of entitlement to service connection for OSA, including as secondary to service-connected tinnitus and PTSD due to a duty to assist error in not obtaining medical opinions regarding aggravation by PTSD.

The Veteran's claim for service connection for sleep apnea was granted effective March 31, 2021, based on his intent to file a claim and continuous pursuit of the claim since that date.

The Board has denied service connection for various conditions, including OSA, dry skin, hypertension, neck disability, right and left upper extremity nerve damage, right long finger disability, right hip disability, left hip disability, erectile dysfunction, right knee disability, left knee disability, right ankle disability, left ankle disability, right foot plantar fasciitis, and left foot plantar fasciitis. The Board found no evidence of current diagnoses or treatment for these conditions.

The Board has determined that there was a pre-decisional duty to assist error and the claim of service connection for sleep apnea is remanded. The Veteran's sleep apnea may be secondary to his service-connected hypertension, major depressive disorder, anxiety, and PTSD.

The Board has remanded the claims for low back disability and bilateral foot disability (claimed as plantar fasciitis) due to pre-decisional duty to assist errors. The Veteran's service connection claims are being remanded for additional medical opinions.

The Board has remanded the claim of service connection for OSA, which is secondary to PTSD. The Veteran's medical records show he was diagnosed with OSA in 2020 and treated for it since then. However, a VA examiner found no signs or symptoms attributable to sleep apnea and no functional impairment. The Board finds this opinion inadequate due to legal errors and insufficient consideration of the Veteran's lay statements and prior examination findings.

The Veteran's claims for additional months of service-connected compensation for various conditions have been denied. The effective dates and payment start dates are legally correct.