Sleep apnea Board decisions

The Board has granted effective dates of November 20, 2020 for the grants of service connection for scoliosis with lumbosacral strain, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), and pes planus.

The Veteran's claim for separate ratings for obstructive sleep apnea and a right lower lobe nodule was denied. The Board found that the predominant disability is obstructive sleep apnea, which warrants a single 50% rating. The issue of an increased rating for respiratory disorders is remanded due to duty-to-assist error.

The Board has decided to remand the case due to a duty-to-assist error in obtaining an adequate medical opinion regarding the relationship between the Veteran's current sleep apnea and his active service.

The Board has determined that the AOJ made a pre-decisional duty to assist error in denying service connection for obstructive sleep apnea. The case is being remanded to obtain another VA opinion on the nature and etiology of the Veteran's OSA, specifically addressing whether it was caused or aggravated by his service-connected disabilities.

The Board has decided to remand the Veteran's claims for sleep apnea and low back condition due to incomplete records from a private sleep study and failure to obtain service treatment records. The Veteran is required to provide additional medical evidence, and VA needs to attempt to retrieve his service records.

The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to several service-connected disabilities, including left temporomandibular disorder (TMD), allergic rhinitis, tinnitus, and depressive disorder.

The Board has granted service connection for obstructive sleep apnea and lumbosacral strain as secondary to the Veteran's service-connected right knee impairment.

The Board has remanded the claims of service connection for a respiratory disability and OSA as secondary to asthma due to a pre-decisional duty to assist error in failing to obtain an examination and opinion regarding the Veteran's claim for service connection for a respiratory disability. The issues are inextricably intertwined with the respiratory disability claim.

The Veteran's claims for service connection are remanded due to the need for additional medical examinations and opinions regarding her claimed conditions, as well as a review of the evidence related to toxic exposure risk activities.

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

The Board has remanded the Veteran's claims for further development regarding potential exposure to PFAS firefighting foam and for a VA examination to determine the nature and etiology of his shoulder conditions.

The Board has denied the Veteran's claims for service connection for lumbosacral strain with spinal stenosis, cervical strain with intervertebral disc syndrome and spinal stenosis, LLE radiculopathy with foot drop, and RLE radiculopathy with foot drop. The evidence of record does not support a finding that any of these conditions began during active service or is otherwise related to an in-service injury or disease.

The Board has granted earlier effective dates of June 25, 2021 for the awards of a total disability rating due to individual unemployability (TDIU) and Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment consistent with his educational and occupational history.

The Board has decided to remand the case due to missing military records and unlegible medical records, requiring further development.

The Board has remanded the claims for service connection for arthroplasty right knee, sleep apnea, and skin rash due to inadequate medical opinions and need for further examination.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's sleep apnea is related or aggravated by his service-connected hypertension and PTSD. The VA needs to provide updated opinions addressing these issues.

The Board denied service connection for OSA, finding that the evidence does not support a link between the condition and active service or any related exposures. The claim was also not granted as secondary to PTSD.

The Board has denied the Veteran's claims of service connection for sleep apnea, eczema, cervical disability, and back disability due to a lack of evidence supporting these conditions were incurred or aggravated by active service.

The Board has remanded the Veteran's claims for sleep apnea and prostate issues due to insufficient medical opinions addressing potential secondary service connection. The claims will be returned for further development.