Sleep apnea Board decisions

The Veteran's claim for service connection of a right thumb disability is denied as there is no evidence of current disability. The Veteran's claim for temporary total evaluation based on treatment of a service-connected or other condition subject to compensation (right anterior thigh drain) is also denied.,The Veteran's claim for an increased rating for lumbosacral strain, currently rated at 20%, is remanded as the VA examinations were inadequate and further examination is needed.

The Board has decided to remand the case due to a duty-to-assist error, requiring an adequate VA examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's service-connected disabilities did not meet the schedular requirements for a TDIU prior to January 10, 2020. The Board is remanding the case to refer it to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the case due to insufficient examination regarding the relationship between the Veteran's service-connected anxiety disorder and depressive disorder, not otherwise specified, and his obstructive sleep apnea. The examiner is required to address whether obesity, which may be an intermediary factor, was a substantial factor in causing or aggravating the Veteran's OSA.

The Board has denied service connection for diabetes mellitus type II and remanded the issue of service connection for obstructive sleep apnea due to lack of evidence showing an in-service event, injury, or disease. The Veteran's claim for service connection for obstructive sleep apnea is now pending.

The Veteran's appeals for service connection for tinnitus and obstructive sleep apnea were dismissed because the VA Form 10182 (Notice of Disagreement) was not filed within the required time frame, as specified by VA regulations.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected lumbosacral strain, bilateral knee strain, and/or bilateral lower extremity radiculopathy.

The Veteran's earlier effective dates for diabetes mellitus and history of heart murmur have been granted, with the effective date set at January 22, 2021.,The Veteran's earlier effective date for high blood pressure has also been granted, with the effective date set at December 3, 2020.

The Board has remanded the claim for service connection for obstructive sleep apnea due to inadequate examination and opinion, including failure to consider lay statements and discuss potential aggravation of the condition by another service-connected disability.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected lumbar spine disability caused him to become obese, which was a substantial factor in causing his sleep apnea. The decision also concludes that obesity would not have occurred but for the lumbar spine disability.

The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.

The Veteran's hypertension is not service connected.,Obstructive sleep apnea, right forearm supination and pronation impairment, right forearm limitation of extension, and right forearm compartment syndrome with crush injury with fasciotomy are all granted as secondary to the service-connected left knee disability.

The Board has denied the Veteran's claims for service connection for GERD and OSA, finding that there is no persuasive evidence to support a nexus between these conditions and his military service.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's obesity, caused by his PTSD and major depressive disorder, is a substantial factor in causing his sleep apnea. Service connection was denied for chronic fatigue syndrome.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA), secondary to his service-connected disabilities, including obesity as an intermediate step.

The Board has decided to remand the claim of service connection for obstructive sleep apnea due to a lack of VA examination and consideration of all pertinent evidence, including the Veteran's lay statements and private medical opinion.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is proximately due to or aggravated by his service-connected asthma, and thus grants service connection for OSA as secondary to asthma.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type I, finding that the evidence is at least in equipoise that the sleep apnea is caused by his diabetes.

The Veteran's lumbosacral strain is granted a 10 percent rating prior to February 6, 2007.,Radiculopathy of the left and right lower extremities are denied higher ratings than 10 percent.,Effective dates for service connection for radiculopathy of the left and right lower extremities are denied before April 13, 2017.

The Board has decided to remand the claims for service connection for traumatic brain injury and lumbosacral strain due to a duty-to-assist error. The Veteran's VA treatment records from San Antonio, Amarillo Air Force Base, Hill Air Force Base, and Atlanta during his service period need to be obtained.