Sleep apnea Board decisions

The Board has determined that the VA medical opinions provided are inadequate for adjudication and requires additional opinions regarding the nature and etiology of the Veteran's OSA, specifically addressing whether it is caused by or aggravated by his service-connected tinnitus or hypertension.

The Board has remanded the claim of service connection for obstructive sleep apnea, finding that there were insufficient opinions regarding whether it was aggravated by a service-connected disability or caused obesity, which is a substantial factor in causing OSA.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it is due to or results from obesity caused by his service-connected orthopedic disabilities.

The Veteran's claim for residuals of a deviated nasal septum has been withdrawn. The Board also denied service connection for left knee disability, IBS, sinusitis, and OSA due to burn pit exposure.,Service connection was not granted for the claimed conditions as there is no current evidence of a nexus between the disabilities and active duty.

The Veteran's service-connected PTSD with depressive disorder does not meet the criteria for SMC based on aid and attendance due to his ability to dress, feed himself, and perform daily activities. He is also not considered housebound due to his service-connected disabilities.

The Veteran's service connection claim for obstructive sleep apnea is remanded due to the need for a new VA examination and opinion.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that his obesity, which is a substantial factor in causing his sleep apnea and would not have occurred without his service-connected disabilities, qualifies as a secondary condition.

The Board has determined that the Veteran's current Obstructive Sleep Apnea (OSA) is related to his military service, granting service connection for OSA.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected bilateral knee disabilities and resultant obesity, finding that the weight gain from his bilateral knee replacements caused his OSA.

The Veteran's lumbosacral strain was rated at 40 percent, effective September 27, 2021.,Right femoral and sciatic nerve radiculopathies were each rated at 20 percent, also effective September 27, 2021.,Sinusitis was rated at 30 percent, effective September 27, 2021. Rhinitis remained rated at 10 percent.

The Board has determined that there was a pre-decisional duty to assist error and the claim for service connection for low back disability must be remanded for further action.

The Veteran's claim for DIC benefits under 38 U.S.C. § 1318 was denied because he did not meet the statutory ten-year duration requirement for a 100% rating at the time of his death, nor was he in receipt of a total disability rating continuously since his discharge from active duty.

The Board has remanded the Veteran's claims for additional medical opinions to determine if his bilateral knee disabilities, back disability, erectile dysfunction, and GERD are aggravated by his service-connected left foot disability.

The Board has granted service connection for a low back disorder as secondary to the Veteran's service-connected left fifth metatarsal residual fracture, resolving any doubt in favor of the Veteran.

The Board denied the Veteran's claims of service connection for left ankle condition, hypertension as secondary to lumbosacral strain, and sleep apnea as secondary to lumbosacral strain.

The Veteran's claim for service connection for lumbar spine disability was granted, and the effective date is set at August 24, 2018.

The Veteran's OSA with chronic bronchitis is rated at 100 percent, effective October 2012. The rating for prior to June 10, 2015, chronic bronchitis remains noncompensable.

The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for various disabilities, including cervical spine disability, right shoulder disability, right wrist disability, right hand disability, respiratory disability other than obstructive sleep apnea, and headache disability. The claims are being remanded to allow for further development.

The Board has denied a compensable initial evaluation for obstructive sleep apnea, finding that the Veteran's baseline and post-aggravation levels of disability both warrant a 50% rating. The claim is therefore denied as there is no evidence to support a higher rating.

The Veteran's claims for service connection were reopened and denied in 2017, but the effective date of July 2, 2021 was granted for all conditions.