Sleep apnea Board decisions

The Board has remanded four issues of entitlement to service connection for various disabilities, including bilateral hearing loss, obstructive sleep apnea, left lower extremity radiculopathy, and right and left hand disabilities manifesting in pain. The AOJ is directed to obtain clarification from the Veteran regarding his VA treatment records and attempt to obtain private treatment records. Additionally, a new examination is required for each issue.

The Veteran withdrew his appeal, requesting to withdraw all issues related to the initial evaluation for left shoulder strain and service connection for various conditions including right shoulder strain, right ankle sprain, left ankle sprain, anxiety, right knee disability, left knee disability, erectile dysfunction, lumbosacral strain, migraines headaches, right upper hand nerve damage, left upper hand nerve damage, and sleep disturbances and/or insomnia.

The Veteran's obstructive sleep apnea is due to his service-connected degenerative arthritis of the cervical spine, thoracic spine, right upper extremity radiculopathy, and left lower extremity radiculopathy. Service connection for OSA as secondary to these conditions is granted from April 15, 2021.

The Veteran's OSA with cough variant asthma is currently rated at 50 percent. The Board has determined that a VA examination is necessary to determine the severity and extent of his service-connected disability.

The Board has denied service connection for allergic rhinitis due to its preexistence prior to service and not being aggravated by service. The remaining issues of sleep apnea, cervical spine disorder, and low back disorder are remanded for further development.

The Board has granted service connection for thoracolumbar spine disorder, right hip disorder, right knee disorder, left knee disorder, and left ankle disorder. The Veteran's obstructive sleep apnea is also considered secondary to his service-connected orthopedic disabilities.

The Board has decided to remand the Veteran's claims for sleep apnea, chronic back pain, right shoulder condition, and left shoulder condition due to a lack of VA examination in some cases.

The Board has denied service connection for right wrist, left wrist, and cervical spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, lumbar spine disability, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.,The Board has denied service connection for right wrist, left wrist, cervical spine, and lumbar spine disabilities due to the lack of current disability evidence. The Veteran's claims for acquired psychiatric disorder, bilateral knee disabilities, bilateral foot disability (claimed as flatfeet), sleep apnea, and skin condition are remanded.

The Board has remanded the case due to pre-decisional errors in obtaining a sleep study and addressing intermediate theories of entitlement, as well as VA toxic exposure risk activities. The Veteran's OSA is being remanded for further examination and opinion.

The Veteran's claim for an increase rating higher than 10 percent for right elbow condition is dismissed. The Board has also remanded the claims of service connection for OSA and for an increase rating for right shoulder condition.

Your claims for service connection have been dismissed because the forms you submitted were not timely and properly appealed to the Board.

The Board has decided to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea, as well as the impact of obesity on his sleep apnea.

The Board has remanded the case due to a failure to obtain relevant private chiropractic treatment records from Dr. M.H. of Coastal Chiropractic, which are necessary for a proper determination on service connection for a lumbosacral spine disability.

The Board has decided to remand the case due to inadequate medical opinions and a need for further development. The Veteran's current diagnoses of lumbosacral strain, intervertebral disc syndrome, and retrolisthesis of L5-S1 are related to his active-duty service.

The Board has determined that the Veteran's diagnosed Obstructive Sleep Apnea is secondary to his service-connected Posttraumatic Stress Disorder, and grants service connection for this condition.

The Veteran's PTSD with bulimia nervosa and trichotillomania has been granted a 70 percent rating, which is the maximum available under current VA regulations.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to submission of new and relevant evidence. The effective date for the increased rating of lumbosacral strain is set at July 16, 2021. The remaining issues are remanded for further review.

The Veteran's claim for an earlier effective date and a higher rating for OSA was denied. The Board found that the evidence did not support assigning a higher rating than what is currently assigned.

The Board has remanded the case due to inadequate nexus opinions regarding service connection for obstructive sleep apnea. The Veteran's musculoskeletal and mental disabilities are considered in determining whether they cause or aggravate his OSA.

The Board has granted the Veteran's claim for service connection of OSA as secondary to his service-connected back and knee disabilities, finding that obesity resulting from these conditions is a substantial factor in developing OSA.