Sleep apnea Board decisions

The Veteran's claims for increased disability ratings for left knee and lumbosacral spine disabilities are being remanded due to the need for additional development, including obtaining medical records and providing new opinions regarding flare-ups and their impact on range of motion.

The Board denied the Veteran's claims for increased ratings for right ear and bilateral hearing loss, finding that the evidence did not support a compensable rating.

The Veteran's claim for residuals of a hernia is granted as it is secondary to his service-connected heart disease.,The Veteran's claim for obstructive sleep apnea (OSA) is denied, as there is no evidence linking the condition to active service or any service-connected disability.

The Board has remanded the Veteran's claims for service connection and rating determinations due to incomplete development, including a missing medical report and an addendum opinion on the nature and etiology of his TBI. The AOJ is instructed to obtain the missing report and provide an addendum opinion addressing whether the Veteran has a current disability related to a TBI and if so, whether it is related to service.

The Board has decided to remand the Veteran's claim for service connection of obstructive sleep apnea due to a failure to contact and reschedule him for an examination, finding that he may have been confused about his current status.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to inadequate VA examinations, missing treatment records, and procedural errors. The claims will be returned to the RO for further development.

The Board has decided to remand the claim of service connection for obstructive sleep apnea due to duty-to-assist errors and incomplete records development.

The Board has granted service connection for diabetes mellitus, type II (diabetes), and obstructive sleep apnea as secondary to the Veteran's service-connected hypertension and congestive heart failure with implanted cardiac pacemaker associated with hypertension.

The Veteran's sleep apnea is granted as service-connected.,Service connection for hearing loss and an ear condition (claimed as ear infection) is denied.,Tinnitus has been assigned the maximum schedular rating of 10 percent, so no higher evaluation can be granted.,Service connection for left tinea pedis (claimed as Athlete's foot) is denied.

The Veteran's earlier effective date claims for hypertension, obstructive sleep apnea, diabetes mellitus, diabetic nephropathy, right lower extremity sciatic peripheral neuropathy, and left lower extremity sciatic peripheral neuropathy have been remanded due to the need for further action.,For hypertension, an earlier effective date is denied as it predates the Veteran's initial claim on October 1, 2022.,For obstructive sleep apnea, an earlier effective date is denied as it predates the Veteran's intent to file a claim in May 2016.,For diabetes mellitus, type II, an earlier effective date is denied as it predates the Veteran's initial claim on September 20, 2011.,For diabetic nephropathy, an earlier effective date is denied as it predates December 18, 2017 when entitlement first arose.,For right lower extremity sciatic peripheral neuropathy and left lower extremity sciatic peripheral neuropathy, earlier effective dates are remanded due to the need for further review of the evidence.

The Board has decided to remand the Veteran's claims for service connection due to pre-decisional duty to assist errors, specifically regarding incomplete military personnel and medical records.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation prior to October 25, 2023. The Board denied the claim for TDIU as there was insufficient evidence to substantiate his unemployability by reason of service-connected disabilities.

The Veteran's claims for earlier effective dates for increased ratings of his service-connected sleep apnea disorder, lumbar spine disability, and PTSD have been denied as there was no increase in severity prior to July 7, 2020.

The Board has determined that it is at least as likely as not that the Veteran's obstructive sleep apnea (OSA) is caused and/or aggravated by his service-connected sinusitis, thus granting service connection for OSA as secondary to sinusitis.

The Veteran's right knee condition has been rated at 10 percent, and the Board is remanding this issue for further development. Additionally, earlier effective dates are being sought for TDIU and Dependents' Educational Assistance benefits.

The Board denied service connection for pneumonia and sleep apnea as there was no current diagnosis of these conditions during the appeal period.

The Veteran's OSA is rated as noncompensable prior to May 20, 2013 and as 50 percent disabling thereafter. The rating for hypertension was granted effective April 21, 2015 at a 10% level. The rating for PTSD with major depressive disorder and anxious distress remains at 70%. An effective date of January 13, 2011 is granted for TDIU, DEA benefits, and SMC.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, resolving all reasonable doubt in favor of the Veteran.

The Board denied the Veteran's appeals for service connection of lumbosacral strain and right ear hearing loss due to lack of new and relevant evidence.

The Board has dismissed the appeal for service connection of sleep apnea and bilateral hearing loss due to the appellant's withdrawal.