Sleep apnea Board decisions

The Veteran's claims for service connection are being remanded due to the submission of new and relevant evidence. The AOJ will consider this evidence in their review.

The Board has remanded the case due to errors in duty to assist and a need for another VA medical opinion. The Veteran's obstructive sleep apnea is being considered based on his service-connected TBI, but the examiner must also consider his total potential exposure through all applicable military deployments and the synergistic effect of all TERAs.

The Veteran's claim for an initial rating greater than 10 percent for costochondritis has been denied. The Board has also remanded the issue of service connection for a back condition due to incomplete development of the Veteran's service treatment records and the need for a VA opinion on the etiology of his claimed back condition.

The Veteran was found to be precluded from securing and following substantially gainful employment due to service-connected PTSD since March 16, 2021. The Board granted an effective date of March 17, 2021 for the TDIU award.

The Veteran's discharge was due to service-connected PTSD, meeting the eligibility criteria for Chapter 33 educational assistance benefits.

The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since June 2014.,The Board finds that the combination of multiple disabilities, including sleep apnea, coronary artery disease, and lumbar condition with radiculopathy, has prevented the Veteran from securing and maintaining a substantially gainful occupation.

The Veteran's fibrocystic breast disease and obstructive sleep apnea (OSA) are granted with effective dates of January 2, 2014. The Veteran is awarded a 10 percent rating for her fibrocystic breast disease, which was previously rated as noncompensable. Her OSA remains at the earliest date possible under VA regulations.

The Board has decided to remand the case due to insufficient consideration of both direct and secondary service connection for obstructive sleep apnea, as well as inadequate consideration of aggravation by a service-connected condition. The Veteran's claim will be reconsidered with additional evidence and an updated medical opinion.

The Board has granted service connection for the Veteran's OSA, finding that it is proximately due to his service-connected PTSD and/or GERD.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to his service-connected disabilities with obesity as an intermediate step.

The Board has decided to remand the case due to a duty to assist error, and now requires additional medical opinions on service connection for sleep disorders.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. However, the Veteran's PTSD remains at a 70 percent rating and does not warrant an increase.

The Board has remanded the Veteran's claims for service connection for lumbar strain, allergic rhinitis, sinusitis, and obstructive sleep apnea due to a failure to provide a VA examination addressing the Veteran's lay contentions.

The Veteran's claims for service connection for obstructive sleep apnea and a separate compensable disability rating for headaches secondary to hypertension are remanded due to incomplete VA treatment records and the need for additional medical opinions.

The Veteran's appeal seeking service connection for PTSD and sleep apnea as secondary to tinnitus has been dismissed due to the withdrawal of his appeal by his attorney.

The Board has determined that a VA medical examination is needed to determine if the Veteran's obstructive sleep apnea disability is related to service and whether it is caused by or worsened by any service-connected disabilities.

The Board remands the claim for service connection of obstructive sleep apnea to include as secondary to major depressive disorder and tinnitus with obesity due to a lack of development.

The Board has granted service connection for obstructive sleep apnea, finding that it is secondary to the Veteran's service-connected depressive disorder due to obesity.

The Veteran's lumbosacral strain and lumbar radiculopathy of the right and left lower extremities are granted as secondary to his service-connected bilateral knee degenerative joint disease.

The Veteran's claims for increased ratings for left knee strain, lumbosacral strain, and unspecified anxiety disorder were denied. The Board found that the evidence did not support a higher rating for any of these conditions.