Sleep apnea Board decisions

The Veteran's service-connected right shoulder and exercise-induced bronchospasm disabilities are found to have caused his obesity, which in turn led to his obstructive sleep apnea. As a result, the Board has granted service connection for OSA as secondary to these conditions.

The Veteran's claims for service connection for a back condition, bilateral hip condition, and bilateral knee condition have been remanded due to new evidence received after the final June 2022 rating decision.,Service connection has not been established for migraines.

The Veteran's appeals regarding TBI, cervical spine strain, tinnitus, and lumbosacral spine strain were dismissed because the appeal was not timely filed.

The Veteran's appeal for an increased rating in excess of 50 percent for PTSD has been dismissed.,The Veteran's claim for service connection for bilateral flat foot, fallen arches is dismissed due to the concurrent review request filed on May 19, 2022.,The Veteran's claims for service connection for a bilateral hip disability and a bilateral knee disability have been denied as there is no credible evidence of current disabilities.,The Veteran's claim for service connection for a lumbar spine disability has been denied due to the lack of competent medical evidence of a current disability.,The Veteran's claim for service connection for obstructive sleep apnea has been denied based on insufficient evidence.,The Veteran's claim for a compensable rating for bilateral hearing loss has been dismissed as there is no new and relevant evidence submitted after the initial decision.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence linking his current condition to his military service.

The Veteran's sleep apnea was not shown in service or for many years thereafter and is otherwise unrelated to his active-duty service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran became unemployable due to service-connected disabilities, specifically major depressive disorder and lumbosacral strain, on June 19, 2019. The effective date for the award of Total Disability due to Individual Unemployability (TDIU) is granted as of that date.

The Veteran's appeal is remanded due to issues with service connection for depression and increased ratings for his low back, right knee, and left knee disabilities. The case will be further reviewed by the Board.

The Board has decided to remand the Veteran's claims for service connection for obstructive sleep apnea and skin cancer due to a duty-to-assist error. The VA will need to provide an adequate medical opinion regarding whether these conditions are related to service, particularly considering the Veteran's weight gain and potential herbicide exposure.

The Board has remanded the claim for service connection for sleep apnea due to a pre-decisional failure of the duty to assist based on an inadequate examination. The Veteran contends that his sleep apnea developed during active service from October 2001 to September 2002, and he also alleges exposure to toxic environments in service. A records-based examination is needed to address these claims.

The Veteran's appeal of his claims for service connection for various conditions was dismissed because the Notice of Disagreement (NOD) was filed more than a year after the most recent decision denying those claims.

The Veteran's tinnitus was granted service connection as it is found to be due to noise exposure in service. The low back and GERD disabilities are remanded for further development.

The Board has decided to remand the Veteran's claim of entitlement to service connection for obstructive sleep apnea (OSA), including as secondary to his service-connected rhinitis, chronic bronchitis, tinnitus, and sinus condition. The decision is based on pre-decisional duty to assist errors related to obtaining private medical records from Dr. Donn Dexter and the need for new VA opinions addressing the nature and etiology of the Veteran's OSA.

The Veteran's service-connected disabilities do not currently demonstrate an actual need for special monthly compensation based on the need for regular aid and attendance.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD).

The Board has decided to remand the case due to inadequate medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his military service, specifically toxic exposure. The case is being sent back for a new examination.

The Veteran's claim for an earlier effective date and increased rating for lumbosacral strain was denied. The Board found that the earliest effective date for a 10% rating is February 26, 2020, as this is when the Veteran submitted his intent to file a new claim.

The Veteran's hypertension claim is denied as his diastolic pressure has not been predominantly 100 or more, and he does not have a history of such requiring continuous medication. The OSA claim is remanded due to the need for an addendum opinion regarding its relationship to service-connected CAD.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities, including posttraumatic stress disorder (PTSD), left shoulder strain with rotator cuff impairment, degenerative arthritis of the lumbar spine with intervertebral disc syndrome, and others.

The Board has remanded the case due to insufficient medical evidence to determine if the Veteran's obstructive sleep apnea is related to his service-connected conditions or incurred during active duty.