Sleep apnea Board decisions

The Board has remanded the Veteran's claims for service connection for asbestosis and obstructive sleep apnea due to exposure to toxins during military service, including asbestos, fuel, oil, and other chemicals. The VA is required to obtain medical opinions addressing the relationship between these conditions and the Veteran's in-service exposures under the PACT Act.

The Veteran's application to revise the September 1997 rating decision based on clear and unmistakable error (CUE) for a compensable rating for tinnitus was denied. The appeal is also denied regarding service connection, increased ratings, earlier effective dates, and TDIU.

The Veteran's claims for increased ratings and service connection were denied. The right large toe status post-surgery claim is denied, while the chronic right wrist sprain and obstructive sleep apnea claims are remanded.

The Board remands the Veteran's claims for service connection for GERD, OSA, and a throat condition to obtain additional evidence regarding their etiology.

The Board remands the claim for service connection for obstructive sleep apnea to correct a duty to assist error related to an inadequate VA examination.

The Board has determined that the VA examination provided was incomplete, as it did not address both causation and aggravation aspects of secondary service connection. The Veteran's claim for service connection for obstructive sleep apnea on a secondary basis to service-connected PTSD and GERD is remanded for further development.

The Board granted an initial rating of 50 percent for obstructive sleep apnea (OSA), resolving all reasonable doubt in the Veteran's favor.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected post-traumatic stress disorder with major depressive disorder.

The Veteran's claim for an initial rating in excess of 10 percent for tinnitus has been denied as the evidence does not support a higher evaluation.,Service connection for bilateral hearing loss is denied because there is no current diagnosis or evidence that the Veteran had a hearing loss disability at any time during the pendency of the appeal.

The Board has denied the Veteran's claim for service connection for OSA as it was not caused or aggravated by his service-connected acquired psychiatric disorder, including PTSD, with alcohol use disorder, MDD.

The Veteran's OSA is granted as secondary to his service-connected PTSD. The GERD claim is remanded for further evaluation.

The Veteran's acquired psychiatric disorder is granted from October 21, 2020. The Veteran does not have a current diagnosis of sleep apnea or any other sleep-related disability.

The Veteran's Obstructive Sleep Apnea (OSA) is found to be secondary to his service-connected Persistent Depressive Disorder, and thus service connection for OSA has been granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for an addendum medical opinion.

The Veteran's appeals for a rating in excess of 20 percent for lumbosacral strain, TDIU prior to March 8, 2021, and earlier effective date for DEA have been dismissed due to the appeal being in a different AMA stream.

The Veteran's service-connected disabilities, including PTSD, OSA, and peripheral neuropathies, prevented him from securing and maintaining substantially gainful employment as of January 5, 2015. The Board grants TDIU effective that date.

The Veteran's service-connected disabilities render her in need of the regular aid and attendance of another person, with all reasonable doubt resolved in her favor.

The Veteran's back disability was not productive of unfavorable ankylosis or bed rest, and the reduction from 40% to 20% is granted.,The reduction from 40% to 20% for radiculopathy in both lower extremities is granted. The Veteran's symptoms most nearly approximated moderate incomplete paralysis of the sciatic nerve throughout the period on appeal.

The Board denied the Veteran's request for an extension of a temporary total rating beyond May 1, 2019 due to lumbar spine surgery. The evidence did not support extending the convalescence period longer than already warranted.