Sleep apnea Board decisions

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected major depressive disorder, finding that the evidence supports a causal relationship between the two conditions.

The Veteran's right ear hearing loss is granted service connection, while left ear hearing loss does not meet VA disability criteria.,Service connection for lumbosacral strain and hypertension are denied as the evidence does not support an evaluation in excess of 20 percent.

The Board has determined that the Veteran's Obstructive Sleep Apnea (OSA) is secondary to his service-connected back, knee, and shoulder conditions resulting in obesity. As a result, the claim for service connection for OSA is granted.

The Board has decided to remand the Veteran's claim of entitlement to service connection for obstructive sleep apnea as secondary to his left shoulder disability and unspecified depressive disorder disabilities with obesity as an intermediate step due to a pre-decisional duty to assist error.

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's service-connected back disability caused obesity, which in turn led to sleep apnea. The examiner must provide an addendum opinion addressing these issues.

The Board has remanded the case due to an inextricably intertwined issue of entitlement to service connection for sleep apnea. The cause of death is also under review.

The Veteran is granted an effective date of April 30, 2021 for the 50% rating for bilateral pes planus.,The Veteran is granted an effective date of April 30, 2021 for the 30% rating for cervical strain.,The Veteran is granted an effective date of April 30, 2021 for service connection for left upper extremity of the middle radicular group as part of her cervical strain claim.,The Veteran is granted an effective date of April 30, 2021 for service connection for right upper extremity of the middle radicular group as part of her cervical strain claim.,The Veteran is granted an effective date of March 8, 2022 for a 40% rating for lumbosacral strain.

The Veteran's bilateral plantar fasciitis and sleep apnea are granted service connection.,Service connection for left shoulder disorder and right shoulder disorder is remanded.

The rating reduction from a 70 percent rating to a 50 percent rating for bipolar II disorder and cannabis use disorder effective July 1, 2022 was proper. The appeal is therefore denied. Entitlement to service connection for sleep apnea is remanded.

The Board has remanded the claims for service connection due to errors in verifying the Veteran's claimed stressors and a pre-decisional duty to assist error. The claims will be reconsidered after further development.

The Board has granted service connection for lumbosacral spine disorder, right shoulder disorder, and right knee disorder. The Veteran's current diagnoses are found to be at least as likely as not related to her active duty service.

The Veteran's sleep apnea is remanded for a VA examination to determine if it is related to his active duty service, or due to or caused by any service-connected disease or injury, including tinnitus.

The Veteran's claims for service connection for obstructive sleep apnea, left knee disability, bilateral hearing loss, and right hip disability are denied. The Board has remanded the claims for irritable bowel syndrome (IBS), right knee disability, and an acquired psychiatric condition.,The Veteran's claim for service connection for a right knee disability is remanded. The Board has also remanded his claims for service connection for IBS and an acquired psychiatric condition.

The Board has granted an effective date of September 4, 2020 for the award of service connection for obstructive sleep apnea (OSA). The decision is based on the Veteran's intent to file a claim and receipt of his completed supplemental claim application within one year of the intent to file.

The Veteran's claim for a compensable initial disability rating for allergic rhinitis was denied as the evidence did not meet the criteria for a higher rating.,The Veteran's service connection claim for hypertension is remanded due to insufficient rationale in the July 2022 VA opinion regarding whether he has current hypertension related to service.,The Veteran's service connection claim for residuals of hypothermia, bilateral lower extremities (BLE hypothermia) is remanded due to insufficient rationale in the July 2022 VA examination report regarding whether his symptoms are related to service.,The Veteran's increased rating claim for obstructive sleep apnea is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's service connection claim for chest pain with palpitations is remanded due to insufficient rationale in the July 2022 VA opinion regarding whether his current condition is related to service.,The Veteran's service connection claim for left ankle condition is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's service connection claim for right ankle condition is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.,The Veteran's increased rating claim for tension headaches is remanded due to insufficient rationale in the July 2022 VA examination report regarding all of his reported symptoms and their impact on daily life.

The Veteran's GERD is rated at 10 percent, and the Board has remanded to determine if a higher rating is warranted.,The Veteran seeks service connection for obstructive sleep apnea. The Board has ordered a new VA examination to address whether her sleep apnea is caused by or aggravated by any service-connected conditions.

The Veteran's appeal for a higher disability rating for his service-connected lumbosacral strain is being remanded due to an incomplete VA examination. The claim will be reconsidered with the addition of a complete range of motion assessment.

The Veteran's service connection for obstructive sleep apnea was denied. The Board found that the current disability neither occurred in nor was caused by service.,A separate 10 percent rating for left knee limitation of flexion is granted, but a rating above 10 percent for limitation of extension is denied.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea must be remanded due to errors in satisfying VA's duty to assist and statutory duties under the PACT Act. The Veteran is presumed to have experienced toxic exposure related to his military service, and a VA examination and nexus opinions are required.

The Board has determined that additional development is needed to correct a pre-decisional duty to assist error in failing to provide an adequate examination for the claim of service connection for obstructive sleep apnea.