Sleep apnea Board decisions

The Board has remanded the case due to an inadequate September 2019 VA medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected major depressive disorder, generalized anxiety disorder, and panic disorder without agoraphobia. The AOJ is instructed to obtain a supplemental medical opinion addressing whether the Veteran's obstructive sleep apnea is aggravated by these service-connected conditions.

The Veteran's service-connected disabilities have precluded her from securing and maintaining substantially gainful employment since March 16, 2019.

The Board has determined that the Veteran's claim for service connection for rhinitis must be readjudicated, as no new and relevant evidence has been submitted since the previous denial in November 2020. The remaining claims of service connection for intervertebral disc syndrome of the cervical spine with degenerative arthritis and spinal stenosis, left shoulder impingement syndrome, bilateral upper extremity radiculopathy, and obstructive sleep apnea (OSA) are remanded due to inadequate medical opinions.

The Board has remanded the claims for service connection due to incomplete records and potential errors in the initial decision. The Veteran's Air Force Reserve service personnel records need to be obtained, along with any outstanding service medical records.

The appeals for service connection for OSA and tinnitus were dismissed due to not complying with VA's claims processing rules.,A rating in excess of 70 percent for PTSD was denied as the Veteran's symptoms did not meet the criteria for a 100% disability rating.

The Veteran's service connection claims for sleep apnea and adjustment disorder with depressed mood were denied. The Board found that the Veteran's back disability did not cause his sleep apnea, but he had an adjustment disorder with depressed mood due to his back disability.

The appeal for service connection for a recurrent sleep disability to include obstructive sleep apnea is dismissed due to a procedural defect.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and grants service connection for this condition.

The Veteran's claims for service connection for lumbosacral strain and cervical strain, as secondary to lumbosacral strain, have been dismissed due to the death of the Veteran.

The Board has denied the Veteran's claims for service connection for a jaw condition and obstructive sleep apnea, finding that there is no evidence of an in-service injury or disease related to these conditions. The claim for jaw condition was denied due to lack of aggravation by service, while the claim for OSA was denied as there were insufficient medical records to establish a direct relationship with service.

The Veteran's claim for an increased rating for tinnitus was denied as he is already receiving the maximum schedular rating. The TDIU claim was also denied due to lack of evidence showing that the Veteran is unemployable by reason of his service-connected disabilities.

The Board has decided to remand the case due to insufficient evidence and a need for additional medical opinions. The appellant's claim of service connection for obstructive sleep apnea (OSA) secondary to his service-connected sinusitis is being reviewed.

The Veteran's appeals for increased evaluations for bipolar II disorder with rapid cycling and tinnitus have been dismissed as the Veteran withdrew his appeals.,Service connection for bilateral hearing loss has been denied due to lack of evidence showing a current disability.

The Veteran withdrew his appeal for an earlier effective date for service-connected obstructive sleep apnea.

The Board has determined that the Veteran's sleep apnea is at least as likely as not due to or aggravated by his service-connected PTSD and resulting obesity, granting his claim for service connection.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) was granted as secondary to his service-connected PTSD and lumbar spine disability. The effective date of this grant is February 16, 2023, which is the latest between the date of claim and when both conditions were service connected.

The Board has determined that a remand is necessary to evaluate the current severity of the Veteran's service-connected acne and whether he has scarring from this condition.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected asthma.

The Board denied the Veteran's claim for service connection for central sleep apnea, finding that there was no medical nexus between his current condition and his military service. The evidence did not support a secondary service connection based on his right knee strain.

The Veteran's service connection claims for fibromyalgia, irritable bowel syndrome (IBS), eczema and rosacea, and a bilateral eye condition are being remanded due to duty-to-assist errors.