Sleep apnea Board decisions

The Board has granted effective dates of December 27, 2020 for service connection of bilateral tinnitus with benign paroxysmal positional vertigo (BPPV), lumbosacral strain, right knee iliotibial band syndrome, and left ankle tendinopathy.

The Veteran withdrew his appeals regarding effective dates and initial disability ratings for lumbar spine disability, right and left sciatic nerve radiculopathy.

The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected conditions, with obesity serving as an intermediate step.

The Board has determined that the Veteran's obstructive sleep apnea is caused by his service-connected back, right lower extremity, and left lower extremity disabilities with obesity as an intermediate step. Service connection for this condition is granted.

The Board has determined that the Veteran's service-connected unspecified trauma and stressor related disorder, along with bilateral flat feet with plantar fasciitis and calcaneal spur, caused or aggravated his obesity, which in turn caused his Obstructive Sleep Apnea (OSA).

The Veteran's claim for a rating in excess of 50 percent for sleep apnea was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for service connection for tinnitus was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for a 70 percent rating for PTSD was denied.,The Veteran's claim for an effective date prior to March 11, 2022 for a 40 percent rating for degenerative disc disease of the lumbar spine was denied.

The Board has granted service connection for lumbosacral strain, left hip condition, and right hip condition based on the Veteran's in-service injuries and symptoms that continued after service.

The Board has determined that the grant of service connection for OSA in July 2021 was not clearly and unmistakably erroneous, thus restoring service connection for OSA.

The Veteran's appeals for earlier effective dates and higher initial ratings for OSA, GERD, and vertigo have been dismissed due to the appellant's withdrawal of the appeal.

The Veteran's claims for service connection for bilateral hearing loss, flat feet, tinnitus, and plantar fasciitis have been denied. The Board found no current disabilities of these conditions at the time of filing or during the pendency of the claim.,Service connection has also not been granted for rhinitis, migraine headaches, and OSA (secondary to PTSD). These claims are remanded as there is insufficient evidence regarding their onset in service.

The Veteran's IBS is granted as secondary to her service-connected adjustment disorder with depressed mood, and a 20 percent rating for lumbosacral spine strain from January 22, 2020, is granted.

The Board has remanded the case due to a duty to assist error and requests additional opinions from a VA examiner regarding the relationship between the Veteran's current OSA diagnosis and his service-connected psychiatric and respiratory diagnoses.

The Veteran's left foot condition, GERD, duodenitis, obstructive sleep apnea, restless leg syndrome, and periodic limb movement disorder are being remanded for further review.,Specifically, the Veteran contends these conditions are secondary to his service-connected back condition, left knee conditions, right ankle condition, and right foot condition.

The Veteran's claims for service connection are remanded due to potential exposure during his service in Israel and the synergistic, combined effects of all toxic exposures. A VA examination is required.

The Board has denied service connection for sleep apnea as it was not shown in service or related to active duty service.

The Board has determined that there were duty to assist errors in the service connection decisions for hypertension and OSA, and thus these issues are being remanded for further development.

The Board has found that further development is required to correct a pre-decisional duty to assist error and remand the case for additional medical opinions.

The Board denied the Veteran's appeals regarding service connection for left hip pain and right hip pain, as well as his claim for OSA. The appeal was dismissed due to untimely Notice of Disagreement (NOD) filings.

The Veteran's OSA is granted as secondary to his service-connected PTSD. The claim for migraine headaches is remanded due to duty-to-assist errors.

The Board has determined that the evidence is insufficient to establish service connection for OSA, and remands the case for further development.