Sleep apnea Board decisions

The Veteran's claim for service connection for sleep apnea is dismissed as the Veteran withdrew his appeal.,Service connection for bladder cancer and hypertension are granted due to in-service exposure to herbicide agents. The Veteran has current diagnoses of these conditions.

The Veteran's claim for major depressive disorder was denied as there is no evidence of a service connection.,The Veteran's claims for diverticulosis, erythematous mucosa, hiatal hernia, and hemorrhoids were all denied due to lack of evidence linking these conditions to his military service.,The Veteran's claim for GERD was remanded as there is no clear indication of a connection between the condition and his military service.

The Veteran's claim for service connection for a lumbar spine disability has been granted. The claim for service connection for a cervical spine disability is remanded due to insufficient evidence regarding whether the cervical spine disability was caused by or aggravated by the lumbar spine disability.

The Board has granted service connection for Erectile Dysfunction (ED) as secondary to Major Depressive Disorder (MDD) and Hypertension, but denied service connection for Obstructive Sleep Apnea (OSA) as secondary to MDD.

The Board has granted service connection for allergic rhinitis and denied service connection for tinnitus, sciatica of the LLE and RLE, sleep apnea, GERD, major depression, and insomnia.

The Board denied the Veteran's claim for SMC based on aid and attendance, finding that his service-connected disabilities do not render him in need of regular aid and assistance due to daily living activities.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as it is at least as likely as not incurred in or caused by his military service. The new evidence submitted since the March 2022 rating decision supports this determination.

The Board denied the Veteran's claim for service connection for breathing problems or other respiratory condition (other than sinusitis, allergic rhinitis, and obstructive sleep apnea) due to lack of a current diagnosis.

The Board has determined that the VA opinions provided were inadequate and remanded for further development, including obtaining a TERA-specific medical opinion to address the nature and etiology of the Veteran's sleep apnea.

The Veteran's irritable bowel syndrome is rated at a maximum of 30 percent, effective from the date of this decision.,Service connection for bilateral pes planus and obstructive sleep apnea has been granted.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of January 27, 2021. The decision is based on the submission of a supplemental claim by the Veteran.

The Veteran's lumbosacral strain is rated at 40 percent effective November 12, 2019.,Left shoulder arthritis and related disabilities (bicipital tendon tear, rotator cuff tear, labral tear including SLAP) are rated at 30 percent effective May 23, 2019. The Veteran's left lower extremity radiculopathy of the femoral nerve is rated at 40 percent effective January 1, 2019. The Veteran's right lower extremity radiculopathy of sciatic nerve and right lower extremity radiculopathy of the femoral nerve are both rated at 30 percent effective January 1, 2019.,TDIU (total disability rating based on individual unemployability) is not granted due to lack of evidence showing entitlement prior to November 27, 2018.,DEA (Dependents' Educational Assistance) eligibility is denied as it requires a total disability rating.

The Veteran's claims for earlier effective dates for lumbosacral strain, sciatic nerve left lower extremity radiculopathy of the lumbar spine, left foot injury, and sciatic nerve right lower extremity radiculopathy of the lumbar spine have been dismissed as freestanding claims without a request for reconsideration based on clear and unmistakable error in prior final rating decisions.,The Veteran's claim for an earlier effective date for scar of the left lower extremity has also been dismissed. The Board found no evidence that can be construed as a claim for this condition prior to August 26, 2019.

The Board denied an initial disability rating in excess of 10 percent for the appellant's service-connected lumbosacral spine disability, finding that the evidence did not support a higher rating based on functional loss due to pain and stiffness during flare-ups.

The Board has remanded the case due to duty-to-assist errors and insufficient evidence regarding the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to a service-connected disability, specifically tinnitus. The AOJ is instructed to investigate the Veteran's alleged exposure to 'open burning fires' in DaNang during his military service and obtain an addendum opinion addressing whether OSA is at least as likely as not caused by or aggravated by service-connected tinnitus.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected other specified anxiety disorder, finding that his anxiety disorder aggravates his OSA.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's OSA and his military service, specifically toxic exposure risk activities.

The Board has remanded the case due to inadequate VA medical opinions regarding service connection for Obstructive Sleep Apnea. The Veteran's claim will be reconsidered with a full review of the record and consideration of all theories of entitlement raised by the Veteran or reasonably raised by the evidence.

The Board has granted service connection for the Veteran's claimed conditions, including diverticulitis with GERD and resection of the small intestine, sleep apnea, degenerative arthritis of the thoracolumbar spine, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The petition to reopen the claim of service connection for obstructive sleep apnea is granted. Service connection for obstructive sleep apnea is also granted. The claims for hypertension and erectile dysfunction are remanded.