Sleep apnea Board decisions

The Veteran's lumbosacral strain with degenerative arthritis is granted a 40% rating, but no higher. The ratings for left hip strain (limitation of flexion) and right hip strain (limitation of extension) are denied. Right lateral collateral ligament sprain remains remanded.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of August 2, 2008, the day following his separation from active duty.

The Board has decided to remand the case due to an error in providing notice of a pre-decisional hearing prior to issuing the initial decision on appeal.

The Board has remanded the cases due to a pre-decisional duty to assist error, requiring additional VA medical opinions on whether the Veteran's current hypertension, sleep apnea, and prostate disability are secondary to his service-connected PTSD.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset in service and is not otherwise causally related to disease or injury in service. The Board also found no causal relationship between the Veteran's sleep apnea and her service-connected tinnitus.

The Board has granted service connection for intervertebral disc syndrome (IVDS) with lumbosacral strain, right lower extremity radiculopathy as secondary to IVDS with lumbosacral strain, left lower extremity radiculopathy as secondary to IVDS with lumbosacral strain, and left hip impingement syndrome. Service connection for right thumb digital nerve lesion is also granted. The Veteran's tinnitus has been rated at 10 percent.

The Board has determined that the Veteran does not have a current diagnosis of left or right lower extremity nerve damage disabilities, and therefore service connection for these conditions is denied.

The Board has remanded the claims for further development due to insufficient evidence regarding the etiology of the Veteran's claimed conditions, including OSA, throat condition, and sinus condition. The AOJ is required to provide a VA examination with an opinion on whether these conditions are related to service, particularly considering the Veteran's in-service exposure to burn pits.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected depressive disorder, finding that obesity serves as an 'intermediate step' between these conditions and contributing to the Veteran's OSA.

The Board has remanded the claims for service connection for sleep apnea and hypertension due to inadequate medical opinions regarding causation and aggravation. The Veteran's PTSD is claimed as a potential cause or exacerbator of his sleep apnea and hypertension.

The Board has determined that the VA examination and medical opinion provided are inadequate for adjudicative purposes, particularly regarding the relationship between the Veteran's sleep apnea and his service-connected ankylosis of the thumb. The case is therefore being remanded to obtain a new adequate VA examination and medical opinion.

The Board has determined that new and relevant evidence has been submitted to readjudicate the Veteran's claims for service connection for right shoulder condition and lumbosacral condition. The claims are being remanded due to inadequate medical opinions regarding the etiology of these conditions.

The Veteran's claims for lumbosacral strain with arthritis and cervical strain with arthritis were denied effective November 14, 2012. The Board found that the earliest permissible effective date was November 14, 2012.

The Board remands the claims for a higher rating and earlier effective dates due to inadequate VA examinations.

The Veteran's claim for service connection for left hip pain has been granted. The claim for service connection for a low back disability secondary to the service-connected right hip disability is remanded due to duty-to-assist errors.

The Veteran's claims for cervical spine, right shoulder, left shoulder, right upper extremity neurologic disorder other than right middle finger surgical neuropathy, left knee, and sleep apnea disorders have all been denied as there is no evidence of these conditions during service or within one year post-service.,Service connection was granted for a right middle finger surgical neuropathy disability.

The Board has granted service connection for lumbosacral and cervical strains, finding that the Veteran's current conditions began during service.

The Veteran's appeal has been dismissed due to their death during the pendency of the appeal.

The Board has remanded the Veteran's claims for service connection due to incomplete records and need for additional medical opinions.

The Board has determined that the Veteran's claims for service connection for an acquired psychiatric disorder, including depression and PTSD, and sleep apnea are denied due to a lack of credible supporting evidence of in-service stressors.,Service connection for right ear hearing loss and left ear hearing loss is remanded as there is insufficient evidence regarding the nature and etiology of these conditions.