Sleep apnea Board decisions

The Board has granted service connection for tinnitus but has remanded the issue of whether OSA is aggravated by service-connected PTSD and TBI to include neurocognitive disorder.

The Veteran's obstructive sleep apnea is found to be proximately due to or aggravated by her service-connected posttraumatic stress disorder (PTSD). Service connection for this condition, as secondary to PTSD, has been granted.

The Veteran's migraine headaches are rated at 30 percent, and the combined disability rating is calculated to be 90 percent due to bilateral factors. The Veteran does not meet criteria for a higher initial rating or a combined 100 percent rating.

The Veteran's obstructive sleep apnea is caused by his service-connected left foot disability, leading to a grant of service connection.

The Board has determined that the Veteran's sleep apnea did not begin during service and is unrelated to any in-service injury or disease, thus denying his claim for service connection.

The Veteran's claim for service connection for obstructive sleep apnea was denied in December 2020. The effective date of the grant of service connection is set at June 6, 2022, which is when the supplemental claim was received by VA.

The Veteran's service connection claim for obstructive sleep apnea (OSA) secondary to post traumatic stress disorder (PTSD) is remanded due to inadequate examination and the need for further clarification on obesity causation.

The Veteran's claim for service connection for a lumbosacral strain is being remanded due to the need for an updated medical opinion addressing his theory of service connection based on in-service heavy lifting.

The Board has denied the Veteran's claims for service connection for GERD, OSA, right knee condition, left knee condition, and COPD. The decision also notes that the Veteran's hypertension was granted as service connected with a ten percent evaluation.

The Veteran's claims for service connection for sleep apnea, bilateral hearing loss, and esophagitis are being remanded due to insufficient evidence.,Specifically, the VA examination did not provide adequate rationale regarding the Veteran's exposure to burn pits and fine particulate matter during his service in Southwest Asia.

The Veteran's service connection claims for various conditions, including unspecified trauma and stressor-related disorder, lumbosacral strain, bilateral foot xerosis, bilateral shoulder impingement syndrome, right elbow disability manifested by pain, bilateral foot acquired pes planus and plantar fasciitis, left elbow lateral epicondylitis and tendinitis, left knee patellofemoral pain syndrome, left foot acquired pes planus and plantar fasciitis, and erectile dysfunction are all granted.

The Board has remanded the claims for service connection due to errors in the duty to assist, particularly regarding examinations and opinions related to the Veteran's right hand disability, eye disability, and obstructive sleep apnea.

The Veteran withdrew his appeal in its entirety before the Board could make a decision, thus the appeal is dismissed.

The Board has determined that there was a duty to assist error and requires the AOJ to complete development regarding whether sleep apnea (OSA) is caused by or aggravated by the Veteran's service-connected depressive disorder.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to a pre-decisional duty to assist error. The VA has not taken reasonable efforts to obtain the relevant private treatment records, including MRI results and physical therapy records.

The Board denied the Veteran's request for an earlier effective date of July 16, 2020 for a 40 percent rating for his low back disability. The Board found that there was no medical evidence showing a factually ascertainable increase in symptoms prior to this date.

The Veteran withdrew her appeals for all listed conditions, resulting in the dismissal of these claims.

The Veteran's service-connected disabilities render him unable to secure or follow substantial gainful employment, consistent with his training and experience as an over-the-road truck driver.

The Veteran's left ankle disability and obstructive sleep apnea are remanded due to duty-to-assist errors. The VA will obtain medical records for the Veteran's ankle ligament repair, provide a new opinion on the etiology of his left ankle disability, and address whether his service-connected lumbar spine disability could have contributed to his obesity, which may be an intermediate step in establishing secondary service connection for sleep apnea.

The Veteran's rhinitis is not rated higher than the current 10 percent rating.,A 40 percent rating for left sciatic nerve disability is granted. The Veteran's right ankle and right knee conditions are remanded to determine if they are secondary to service-connected disabilities, and a sleep apnea claim is also remanded.,The Veteran's right ankle condition may be related to his service-connected left ankle condition, but further examination is needed to confirm this. His right knee condition is also remanded for similar reasons.,His right knee condition may be related to his service-connected left knee condition, and a sleep apnea claim is also remanded.,The Veteran's sleep apnea may be related to his service-connected rhinitis, but further examination is needed to confirm this.