Sleep apnea Board decisions

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities, including major depressive disorder with PTSD and GERD.

The Veteran's claim for a rating in excess of 30 percent for ischemic heart disease is denied. The Veteran's residuals of bladder cancer with chronic kidney disease and urinary incontinence are rated at 60 percent, which is the maximum allowed under current criteria. The Veteran's lumbosacral spine disability remains at 20 percent. A TDIU from September 8, 2021 is granted.

The Veteran's lumbosacral strain service connection claim was granted with an effective date of February 18, 2020. The Board found that the earlier effective date of February 6, 2020, when the Veteran filed to reopen his claim, is appropriate.

The Board has remanded the Veteran's claims for service connection for hypertension and sleep apnea due to duty-to-assist errors. The issues are being remanded to obtain medical opinions regarding whether her service-connected lower extremity neuropathy caused or aggravated her obesity, which may be an intermediate step between her service-connected disabilities and her current conditions.

The Board has denied the Veteran's claims for service connection for residuals of lower back injuries, left and right lower extremity radiculopathy. The decision is based on a finding that there is no evidence linking these conditions to his period of active duty.

The Veteran's service connection claims for loss of sense of smell and sleep apnea are being remanded due to duty to assist errors in the initial rating decision. An additional examination is required for both conditions.

The Board has granted the Veteran's claim for service connection for OSA on a secondary basis to his service-connected left shoulder degenerative arthritis and PTSD (previously rated as anxiety disorder), with obesity serving as an intermediate step.

The Veteran's claim for service connection for impaired diastolic dysfunction with diastolic hypertension is granted. The claims for skin disability, diabetes mellitus, obstructive sleep apnea (OSA), right-sided carpal tunnel syndrome, and left-sided carpal tunnel syndrome are remanded due to the need for additional medical examinations.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent throughout the review period. The issue of entitlement to TDIU is dismissed as moot because there is no indication that any single disability alone warrants a TDIU.

The Board has determined that the Veteran's claims for service connection are remanded due to a failure to provide VA examinations and adequate medical opinions.

The Board has granted service connection for cervical spine, lumbosacral strain, left knee strain, and right knee strain disabilities. The decision is based on the Veteran's credible lay statements regarding symptoms that began during military service.

The Board has remanded the Veteran's claim for service connection for lumbosacral strain due to insufficient medical evidence regarding the etiology of his condition. The case will be returned to the AOJ with instructions to obtain an adequate VA examination and medical opinion.

The Board has granted the Veteran's requests to readjudicate their previously denied claims for erectile dysfunction and sleep apnea. However, these claims are still pending as they have been remanded back to the AOJ for a de novo review on the merits.

The Veteran withdrew their appeal concerning the issue of entitlement to service connection for obstructive sleep apnea.

The Veteran is granted an effective date of September 28, 2015 for a total disability rating based on individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA). The TDIU was awarded due to the Veteran's service-connected disabilities preventing him from securing and following substantially gainful employment. The DEA eligibility is also granted as of September 28, 2015.

The Veteran's claim for a rating in excess of 10 percent prior to December 16, 2021, for his low back disorder is denied. The effective date for the TDIU and DEA benefits remains March 16, 2015.

The Veteran's appeals for service connection for back and head injuries were dismissed due to failure to file a timely VA Form 10182 within one year of receiving the October 8, 2021, Rating Decision.

The Veteran's atypical chest pain and GERD are found to be secondary to his service-connected asthma, thus granting service connection for these conditions.,His low back condition is found to have been aggravated by his service, allowing for service connection on an aggravation basis. However, the bilateral pes planus was not shown to have worsened during service.

The Board has determined that a remand is necessary to correct a pre-decisional duty-to-assist error and obtain addendum opinions regarding the relationship between the Veteran's service-connected disabilities (particularly chronic sinusitis with headaches and allergic rhinitis) and his obstructive sleep apnea.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's sleep disability, including Obstructive Sleep Apnea and Hypersomnolence. Additional development is required.