Sleep apnea Board decisions

The Veteran withdrew his appeal regarding service connection for lumbosacral strain, right shoulder disorder, and right wrist disorder before the Board could make a decision.

The Veteran's TDIU is granted due to his service-connected right lower extremity radiculopathy, and he also qualifies for SMC based on the combined rating of his service-connected disabilities. The effective date will be determined by the agency of original jurisdiction.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is caused by his service-connected lumbar spine disability, and thus grants service connection for OSA.

The Veteran's left foot disability and obstructive sleep apnea are related to his active duty service in the U.S. Army, while the right foot disability and TMJD have been remanded for further examination.

Service connection for allergic rhinitis is granted.,An effective date of September 30, 2019 is granted for the grant of service connection for PTSD.,A 100% rating for PTSD is granted from September 30, 2019.,An effective date of September 30, 2019 is granted for SMC under 38 U.S.C. § 1114(s).,An effective date of September 30, 2019 is granted for DEA benefits.

The Board has denied service connection for migraines and remanded the claim of service connection for sleep apnea due to insufficient evidence. The Veteran is required to undergo a VA examination to determine if his sleep apnea began in or was caused by his active service, whether it is related to his service-connected PTSD, and if it was aggravated by his PTSD.

The Board has remanded the claims for service connection due to pre-decisional duty-to-assist errors, including failure to consider relevant medical evidence and VA examinations.

Service connection is granted for dizziness as secondary to service-connected tinnitus.,Service connection is denied for memory loss. The Veteran does not have a current diagnosis of memory loss or functional impairment from it.,Service connection is granted for nausea as secondary to service-connected headaches.,Service connection is denied for right ear hearing loss disability due to lack of evidence showing noise exposure in service.,Service connection is denied for broken nose. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is granted for fatigue as secondary to service-connected tinnitus.,Service connection is denied for irritable bowel syndrome. The Veteran does not have a current diagnosis and there is no evidence of symptoms from it.,Service connection is denied for low back disability. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is denied for right flat foot. There is no evidence of a current injury or functional impairment related to the claimed event.,Service connection is denied for skin disability (claimed as skin rash, dermatitis and hives). The Veteran does not have a current diagnosis and there is no evidence of symptoms from it.,Service connection is denied for sleep apnea. There is no evidence of a current injury or functional impairment related to the claimed event.

The Board has remanded the claim for service connection for lumbosacral strain due to a duty to assist error and the need for additional medical opinions regarding causation and aggravation.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the VA decision-making process.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it was incurred during active service. The decision resolves reasonable doubt in favor of the Appellant.

The Board found the appellant eligible for additional attorney fees based on past-due benefits awarded in a March 2015 rating decision. The AOJ is required to provide a full accounting of the value of the grant of service connection for OSA and determine if the appellant is entitled to additional fees.

The Veteran's appeal for a disability rating in excess of 40 percent for lumbosacral strain, status post hemi-laminectomy, is dismissed as the claim remains within the legacy system and was not an initial decision under the AMA.

The Veteran's claims for higher ratings for lumbosacral strain with IVDS, left lower extremity sciatic radiculopathy, and unspecified depressive disorder with anxious distress were denied. The Board found that the evidence did not support a rating in excess of the current 20 percent for lumbosacral strain with IVDS or the current 10 percent for left lower extremity sciatic radiculopathy.

The Veteran's chronic bronchitis with COPD and early emphysema caused his sleep apnea, which is granted as secondary to the service-connected condition.

The Board denied the Veteran's request for an earlier effective date prior to December 20, 2021, for service connection of obstructive sleep apnea. The claim was not filed until after the disability had already been diagnosed.

The Board denied the appeal as to whether a timely VA Form 9 was received in response to the May 2018 Statement of the Case for the issue of entitlement to service connection for obstructive sleep apnea.

The Veteran's claims for headaches, sleep apnea as secondary to headaches, and hyperhidrosis have been denied due to lack of evidence supporting a current disability or relationship to service.,The Veteran's cervical strain claim has been remanded due to the inadequate opinion provided by the VA examiner regarding the etiology of his condition.

The Veteran's claim for individual unemployability due to service-connected disabilities is remanded as the VA mental health examination was inadequate and there are additional service-connected disabilities that have not been considered.

The Board has determined that a remand is necessary to correct pre-decisional duty to assist errors and to satisfy statutory duties, including providing the Veteran with an appropriate VA examination to determine the nature and etiology of his claimed obstructive sleep apnea.