Sleep apnea Board decisions

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is related to his active service and if it is secondary to a service-connected disability, specifically asthma or allergic rhinitis.

The Board has decided that the Veteran's hypertension is service-connected. The other issues are remanded for further review.

The Veteran's claim for an earlier effective date for service connection for sleep apnea was denied as no new and material evidence was received within one year following the November 2011 rating decision.,The Veteran's claim for a higher rating for sleep apnea was denied as there is no evidence to support a rating in excess of 50 percent.

The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.

The Veteran's sleep apnea was granted an increased rating to 50 percent, requiring the use of a CPAP machine.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of December 5, 2022. The Board found that the earliest date as of which the increase in disability could be ascertainable is December 5, 2022.

The Veteran's appeals for gastroesophageal reflux disease and obstructive sleep apnea have been withdrawn, and the claims are dismissed.

The Board has granted service connection for a low back condition, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity as secondary to the Veteran's service-connected lumbosacral strain.

The Board denied service connection for obstructive sleep apnea, finding that the evidence did not support a finding of in-service event or injury and also found no proximate aggravation by service-connected tinnitus.

The Board has remanded the Veteran's claims of service connection for lumbosacral and right knee disabilities due to a failure to obtain adequate secondary service connection opinions regarding these claims. The new opinions must address both causation and aggravation, considering the Veteran's theory that his current conditions are related to his service-connected right ankle disability.

The Veteran's claim for an earlier effective date prior to August 31, 2017, for the award of service connection for lumbosacral strain (back disorder) was denied as a matter of law.,Claims for left lower extremity radiculopathy and right lower extremity radiculopathy were also denied with effective dates set at July 12, 2021.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that there is evidence supporting a causal relationship between the two conditions.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to his service-connected posttraumatic stress disorder (PTSD). The evidence is approximately balanced on whether OSA is proximately due to PTSD.

The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.

The Board has determined that the Veteran's service connection claims for tinnitus, adjustment disorder with mixed anxiety and depressed mood, OSA, and a low back disability must be remanded due to the need for additional medical opinions.

The Board has decided to remand the case due to the need for additional service records, particularly those from active duty and overseas deployments. The Veteran's claim will be reconsidered with these new records.

The Veteran's appeal for service connection for right knee disability has been dismissed due to failure to timely perfect an appeal.,The Veteran's appeal for a rating more than 40 percent for low back disability has been denied.

The Board has decided to remand the case due to a duty to assist error, requiring further examination and opinion regarding the etiology of the Veteran's obstructive sleep apnea (OSA).

The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for bilateral hearing loss disorder, gout, multiple painful joints, bilateral ankle disorder, bilateral knee disorder, and obstructive sleep apnea (OSA).

The Veteran's appeals to service connection for obstructive sleep apnea, shin splints of the right and left lower extremities, multiple sclerosis (MS), thoracolumbar spine disorder, cervical spine disorder, left elbow disorder, left knee disorder, migraine headaches, and right knee disorder are dismissed.