Sleep apnea Board decisions

The Veteran's OSA is caused and/or aggravated by his service-connected depressive disorder and disabilities of the right hip, shoulders, spine, right ankle, and right thigh. The Board has granted service connection for OSA on a secondary basis.

The reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent, effective December 15, 2021, was improper and restoration of the 20 percent rating is granted. The claims for service connection for diabetes mellitus type II, hypertension, IBS, and left hip disabilities are remanded.

The Veteran's appeal for service connection for sleep apnea as secondary to an acquired psychiatric condition, including depression, is dismissed due to the Veteran's death.

The Veteran's TDIU claim is granted effective February 11, 2011. Basic eligibility for Chapter 35 Dependents' Educational Assistance (DEA) benefits based on permanent and total disability status is also granted from the same date. The appeal concerning increased ratings for left knee instability prior to January 23, 2023, and left knee post-traumatic arthritis with moderate residuals is dismissed.

The Board has determined that the VA medical opinions are inadequate for adjudicative purposes regarding both the causation and aggravation prongs of secondary service connection. The appeal is being remanded to obtain an addendum opinion addressing these issues.

The Veteran's lumbosacral strain is currently rated at 20 percent, effective August 15, 2022. The case has been remanded for further development.

The Board has denied the Veteran's claims for service connection for right foot plantar fasciitis, left foot plantar fasciitis, obstructive sleep apnea, skin rash, and low back disability. The VA examiners found no evidence of these conditions during or after service.,There is no medical evidence linking any of the claimed conditions to military service.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no credible evidence linking his current condition to his military service.

The Board has remanded the case due to a duty-to-assist error and needs further examination to determine if the Veteran's respiratory symptoms are separate from his service-connected conditions or if they are related to military service.

The Board denied the veteran's appeals for increased ratings and service connection, as well as an earlier effective date for DEA benefits.

The Veteran's appeals for PTSD, a higher rating for PTSD, and Sleep Apnea have been dismissed due to his death.

The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected disabilities.

The Board has found new and relevant evidence to warrant readjudication of the claims for service connection for right shoulder condition, skin blisters disability, headaches disability, sleep apnea disability, and sinusitis. The claims are being remanded due to insufficient medical opinions regarding the relationship between these conditions and service.

The Board has decided to remand the claim of service connection for obstructive sleep apnea (OSA), including its secondary relationship to service-connected tinnitus and posttraumatic stress disorder (PTSD). The Veteran's OSA is being examined again, this time with a focus on whether it was caused or aggravated by his service-connected PTSD and tinnitus. Additionally, the examiner must consider the total potential exposure through all applicable deployments and the synergistic combined effect of all toxic exposure risk activities.

The Board remands the issue of service connection for obstructive sleep apnea to obtain a medical opinion regarding whether it is secondary to the Veteran's service-connected PTSD.

The Veteran's appeal for service connection for insomnia disorder and sleep apnea has been dismissed as the Veteran withdrew his appeal through his attorney representative.

The Board remands the claims for an increased rating and service connection due to pre-decisional duty to assist errors, requiring additional medical examinations and opinions.

The Board denied the Veteran's claim for an increased rating for service-connected lumbosacral strain, effective October 19, 2021.

The Board has granted service connection for tinnitus and lumbosacral spine degenerative arthritis, finding that the Veteran's conditions are related to his military service. The decision is based on direct evidence rather than a presumption or secondary service connection.

The Veteran's appeal for a higher rating for his service-connected obstructive sleep apnea with asthma was denied. The Board found that the predominant disability is OSA, which warrants a 50 percent rating under DC 6847. Asthma does not warrant a separate rating as it has been stable and does not meet criteria for a higher rating.