Sleep apnea Board decisions

The Veteran's claims for service connection for a surgical head scar due to a suboccipital craniotomy for tumor resection of right cerebellar hemangioblastoma and obstructive sleep apnea are denied as there is no competent evidence in favor of a nexus between these conditions and service.

The Board has found a pre-decisional duty to assist error and remands the cases for further development, including obtaining medical opinions on the nature and etiology of the Veteran's prostate disability and sleep apnea.

The Board has determined that the Veteran's service-connected conditions render him in need of aid and attendance, allowing for SMC at the (l) level based on his condition.

The Veteran's TDIU claim is remanded due to duty-to-assist errors, including the need for updated SSA/SSDI records and employment/income information.

The Veteran's lumbosacral strain is rated at 10 percent prior to November 8, 2021 and at 20 percent since then.,The Veteran's right lower extremity sciatic radiculopathy meets the criteria for a rating of 20 percent.

The Board has determined that there were pre-decisional duty to assist errors and the case is remanded for further development, including obtaining a medical opinion regarding the etiology of the Veteran's sleep apnea.

The Board has determined that the VA examiners' opinions regarding the relationship between OSA and service, as well as any service-connected disabilities causing or aggravating OSA, are inadequate. Therefore, a new medical opinion is needed to address these issues.

The Board has decided to remand the claim for service connection of obstructive sleep apnea (OSA) secondary to myocardial infarction with valvular heart disease, as there is an inadequate medical opinion and additional opinions are needed.

The Veteran's claims for service connection for a mental health condition and obstructive sleep apnea (OSA) have been denied as there is no persuasive evidence of an in-service event, injury, or disease related to these conditions.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his service-connected anxiety disorder and if it was aggravated by that condition.

The Board has decided that the Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected PTSD, is remanded due to inadequate examination in addressing causation and aggravation.

The Veteran's service-connected major depressive disorder with anxious distress and alcohol use disorder is found to be the proximate cause of her obstructive sleep apnea, which was granted as secondary to this condition.

The Board has determined that the Veteran's sleep apnea did not originate in service and is not otherwise etiologically related to service or to a service-connected disability, including as secondary to his service-connected coronary artery disease, atrial fibrillation, and adjustment disorder.

The Veteran's claims for service connection for IBS, TMJ dysfunction (jaw pain), tinnitus, an acquired psychiatric disorder, GERD, diverticulosis, erectile dysfunction, and obstructive sleep apnea have been granted.,The Board has found that the Veteran had qualifying service in Southwest Asia during the Persian Gulf War era and has current diagnoses of IBS, TMJ dysfunction (jaw pain), tinnitus, an acquired psychiatric disorder, GERD, diverticulosis, erectile dysfunction, and obstructive sleep apnea. The claims are granted on a presumptive basis under 38 C.F.R. § 3.317.

The Veteran's service-connected disabilities resulted in the need for aid and attendance as he required care or assistance on a regular basis to feed himself, keep himself clean and presentable, and protect him from hazards or dangers inherent in his daily environment. The Board granted special monthly compensation based on aid and attendance.

The Veteran's appeals for higher ratings on various service-connected conditions have been denied. The Board found that the evidence did not meet the criteria for a higher rating in any of these cases.

The Veteran's claim for service connection for lumbosacral strain, degenerative arthritis of the spine, wedge fracture T11-T12, degenerative disc disease, and intervertebral disc syndrome was denied in October 2020. The Veteran filed a supplemental claim on November 29, 2021, which resulted in service connection being granted effective that date.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including degenerative arthritis of the spine, sciatic radiculopathy of the bilateral lower extremity, bilateral anterior cruciate ligament (ACL) tear with patellofemoral syndrome and shin splints, limitation of extension, and resulting obesity.

The Board has determined that the current medical opinions are inadequate and requires a new opinion to address the etiology of the Veteran's sleep apnea, specifically whether it is at least as likely as not caused or aggravated by his service-connected PTSD. The examiner must also consider obesity as an intermediate step in this analysis.

The Board denied the Veteran's request for an earlier effective date of November 13, 2020, for his grant of TDIU. The Board found that the proper effective date was August 20, 2021, based on the date of receipt of the claim.