Sleep apnea Board decisions

The Board denied service connection for right knee, left knee, and lumbosacral spine disorders due to a lack of evidence linking these conditions to service or the applicable presumptive periods.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected left wrist condition and fracture residuals left metacarpal, finding that all doubts are resolved in favor of the Veteran.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of November 16, 2017. This decision is based on new and relevant evidence received in January 2019.

The Veteran's claim for an initial rating greater than 50 percent for obstructive sleep apnea was denied, and the appeal for an earlier effective date for service connection was also denied.

The Veteran's PTSD, allergic rhinitis, lumbosacral strain with degenerative arthritis and herniated disc at L4-L5, left lower extremity sciatic radiculopathy, bilateral fallen arches, neurological condition of other systems, and bilateral hearing loss are all service-connected. However, a rating in excess of 30 percent for PTSD is denied.

The Board denied service connection for OSA as it did not find a link between the Veteran's current condition and his service-connected PTSD, or any other service event.

The Board has decided to remand the claims for service connection for obstructive sleep apnea and related issues due to a duty-to-assist error. The Veteran's in-service complaint of frequent trouble sleeping will be reconsidered, and additional medical records from Clinica Family Health will be obtained.

The Board has granted service connection for various conditions and assigned ratings effective February 12, 2014. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the April 2020 rating decision.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected diabetes mellitus type II, and therefore grants service connection for this condition.

Service connection is granted for lumbosacral spondylosis, but the claim of service connection for erectile dysfunction is remanded due to insufficient evidence.

The Board has determined that the VA examination and medical opinions provided are inadequate, as they did not consider the Veteran's lay statements regarding his symptoms. The claims for service connection for bilateral knee chondromalacia and lumbosacral strain are being remanded to allow for further development.

The Veteran's PTSD is granted an increased rating of 70 percent, but not higher. Service connection for OSA is denied.

The Veteran's OSA is remanded for further examination and opinion regarding its relationship to his service-connected asthma and exposure to toxic substances during service.

The Board has decided to remand the Veteran's claim for service connection of obstructive sleep apnea due to exposure to hazardous toxins during his service in Afghanistan. The PACT Act requires a disability examination and medical opinion be requested for certain non-presumptive conditions involving toxic exposure risk activities (TERA).

The Board denied an initial rating in excess of 50 percent for obstructive sleep apnea and granted a 10 percent initial rating for allergic rhinitis, while remanding the claim for a compensable rating for sinusitis.

The Veteran's claim for service connection for migraine headaches is granted. The claim for service connection for sleep apnea is denied.

The Board has remanded all previously denied claims for service connection due to the submission of new and relevant evidence, except for the claim for obstructive sleep apnea. The Veteran's right and left foot disabilities are being examined again as there may be a link to his in-service activities. The examiner must also consider whether the Veteran's obstructive sleep apnea is related to or aggravated by service-connected PTSD or due to toxic exposure risk activity (TERA).

The Veteran's service connection claims for obstructive sleep apnea, residuals of a head injury (including traumatic brain injury), and acquired psychiatric disorder (including mood disorder and depression) are being remanded due to the need for additional medical examinations.,For the claim regarding residuals of a head injury, including residuals of a traumatic brain injury, a VA examination is needed to determine if the Veteran has any current residuals related to in-service boxing and motor vehicle accident injuries.

The Board has dismissed the AMA appeal for service connection of OSA due to procedural issues, and the issue will be addressed in a separate legacy docket.

The Board has granted an effective date of October 10, 2013 for the addition of the Veteran's spouse as his dependent to his award of VA disability compensation. The issue of whether the debt in the amount of $19,696.58 was properly created and is valid remains pending and will be remanded.