Sleep apnea Board decisions

The appeal of the February 2023 letter notifying the Veteran about filing a claim for service connection for obstructive sleep apnea (OSA) to include as secondary to his service-connected unspecified depressive disorder with unspecified anxiety disorder is dismissed.

The Board denied the Veteran's claims of service connection for right ankle disorder, sinusitis (secondary to nasal fracture), sleep apnea (secondary to nasal fracture), and left ankle disorder. The evidence did not support a finding that these conditions began during or were related to service.

The Veteran's OSA and chronic sinusitis are granted separate ratings of 50 percent and 10 percent, respectively.

The Board has granted service connection for OSA as secondary to the Veteran's right knee disability with obesity. The left foot pes planus, right foot pes planus, and left knee disability claims are remanded due to pre-decisional duty-to-assist errors.

The Board has decided to remand the case due to a duty-to-assist error, requiring the AOJ to obtain a new VA medical opinion regarding the Veteran's claim for service connection for lumbosacral strain.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected asthma, finding that there is at least a 50% likelihood that her sleep apnea was caused or aggravated by her asthma.

The Veteran's claim for service connection for allergic rhinitis on a presumptive basis as due to exposure to particulate matter is granted. The claims for service connection for sleep apnea, migraines, and sinusitis are dismissed.

The Board denied service connection for obstructive sleep apnea, finding that it did not originate in active service or until years thereafter and was not otherwise etiologically related to active service. The Board also found that the Veteran's service-connected acquired psychiatric disorder (PTSD) is not the cause of his obstructive sleep apnea.

The Veteran's claim for service connection for lumbosacral strain with degenerative arthritis, left lower leg radiculopathy (sciatic nerve), and right lower leg radiculopathy (sciatic nerve) was granted effective May 7, 2021.

The Board has remanded the claims for sleep apnea, hemorrhoids, and acne skin condition due to insufficient evidence of service connection. The Veteran participated in toxic exposure risk activities during her service.

The Veteran's obstructive sleep apnea is being remanded for a VA examination to determine if it began during service or is related to his military service, including any hazardous exposure while serving in Iraq and Kuwait.

The Board denied the Veteran's claims for service connection for various conditions, finding that new and relevant evidence did not support readjudication of these claims. The TDIU claim was also denied as the Veteran's single service-connected condition (hiatal hernia) did not render him unemployable.

The Veteran's asthma and obstructive sleep apnea are remanded for further examination and opinion regarding their relationship to service, with a focus on toxic exposure risk activity.

The Board has decided to remand the claims for lumbosacral and upper thoracic strain with degenerative disc disease and lower cervical strain due to lack of consideration of certain evidence, and requests further development including medical opinions.

The Board has determined that the evidence is insufficient to establish service connection for OSA, and thus remands the case for further development.

The Board has granted service connection for the Veteran's sleep apnea as secondary to his already service-connected major depressive disorder.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea and a total 100 percent disability rating is denied. The Board found that there was no earlier communication or intent to file prior to February 22, 2022.

The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there is no medical nexus between his current diagnosis and his service. The evidence showed that the Veteran had a mid-thoracic spine injury in service but did not have any chronic back pain or lumbosacral strain symptoms until after service.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected conditions, including panic disorder in remission and chronic pain disorders. Therefore, secondary service connection for OSA is granted.

The Board has found errors in the AOJ's notice and requires that a pre-decisional hearing be provided to the Veteran before the AOJ on all reopened claims.