Sleep apnea Board decisions

The Board has decided that the Veteran's sleep apnea is not related to his service-connected back disability and remands the case for further development, including obtaining an opinion on whether the sleep apnea had its onset in or is directly related to his active service.

The Board denied an increased disability rating for lumbosacral strain, finding that the Veteran's symptoms did not meet the criteria for a higher rating based on limitation of motion or neurological abnormalities. The evidence showed functional loss but no additional limitation beyond what is already reflected in the current 10% rating.

The Veteran's claim for service connection for chronic fatigue syndrome was denied. The Board found that the evidence did not establish a current diagnosis of chronic fatigue syndrome.,The Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected allergic rhinitis, is remanded due to inadequate VA opinions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not caused by and/or aggravated by his service-connected right ankle osteoarthritis and left ankle tendinitis with shin splint, including through obesity.

The Veteran's service connection claim for COPD is denied. The Board finds that there is no medical or scientific evidence to support a relationship between the development of COPD and exposure to herbicides and/or asbestos.,The appeals for increased disability evaluations for coronary artery disease post CABG, scar, post CABG, and bilateral hearing loss are dismissed because they result from a prohibited concurrent election under the modernized review system. The Veteran's claims for sleep apnea are remanded.

The Veteran's OSA requires the use of a continuous airway pressure (CPAP) machine but does not manifest in chronic respiratory failure with carbon dioxide retention or cor pulmonale and does not require a tracheostomy. The Board has granted a 50% evaluation for OSA as of February 14, 2018.

The Veteran's claims for service connection for hearing loss, tinnitus, lumbosacral strain, and flat foot are remanded due to inadequate VA examinations. The Board finds the provided examinations insufficient to determine if these conditions are related to service.

The Veteran's claims for higher initial ratings for various cervical, shoulder, and lumbar spine disabilities are being remanded due to incomplete service treatment records.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his service-connected musculoskeletal and psychiatric disabilities caused him to become obese, which was a substantial factor in causing his OSA. The decision resolves reasonable doubt in favor of the Veteran.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's service connection for OSA, specifically related to exposure during his active duty in the Navy. The VA will conduct further development and schedule a VA examination.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected disabilities, including lumbosacral strain, bilateral plantar fasciitis with calcaneal spurs, chronic fatigue syndrome, and other conditions. As such, the claim for service connection for OSA is granted.

The Board has found that the Veteran's OSA is related to her military service and remands for a new medical opinion.

The Board has decided to remand the case due to errors in the pre-decisional duty to assist and requires additional medical opinions regarding service connection for obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected major depressive disorder and lumbar spine degenerative changes, including obesity as an intermediate step.

The Board has determined that the VA examination and opinion are inadequate for adjudicative purposes, particularly regarding secondary service connection. The Veteran's OSA is remanded to obtain a new examination and medical opinion addressing the nature and etiology of his condition, including its relationship to active duty service and any toxic exposure risk activities.

The Board has decided to remand the case due to pre-decisional duty to assist errors, including inadequate VA opinions and missing private medical records. The Veteran's OSA is being reviewed for service connection and secondary service connection.

The Veteran's lumbosacral strain is granted as secondary to his service-connected patellofemoral syndrome, right knee with degenerative changes and bilateral plantar fasciitis. The Veteran's allergic rhinitis with chronic sinusitis is granted at a 30% evaluation effective February 5, 2020.

The Board has granted service connection for the Veteran's low back disability, which includes diagnoses of degenerative arthritis, lumbosacral strain, and intervertebral disc syndrome. The opinion provided by a VA examiner indicates that these conditions are related to complaints during service.

The Board has remanded the claims for service connection for chronic bronchitis and obstructive sleep apnea (OSA) due to potential exposure to burn pit activities during active duty. The Veteran's VA treatment records from April 2006 to present need to be obtained, and an examination with medical opinion may be necessary if exposure is confirmed.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed because the January 2023 rating decision did not address this issue, and the appeal is untimely under VA regulations.