Sleep apnea Board decisions

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's use of opioid medications prescribed for his service-connected disabilities.

The Board has decided to remand the case due to a duty to assist error, requiring a VA examination to determine if the Veteran's sleep apnea is related to service-connected disabilities.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of May 17, 2019.,Basic eligibility for Dependents' Educational Assistance (DEA) benefits was also granted as the Veteran now has a combined rating of 100% due to his service-connected disability.

The Veteran's claims for service connection have been dismissed as the evidence does not support a finding of in-service onset or continuity of symptoms for any of the claimed conditions.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active-duty service and granted service connection for this condition.

The Board has remanded the cases for a referral to the Director, Compensation Service, for extraschedular consideration of TDIU and SMC due to service-connected disabilities.

The Board has dismissed all issues of service connection and increased ratings, as the Veteran withdrew his appeals for these claims during a hearing. The Veteran was granted TDIU.

The Veteran withdrew his claims for service connection for a disorder characterized by abnormal weight/gain, brain damage, chronic fatigue syndrome, chronic muscle and joint pain, diabetes mellitus type II, irritable bowel syndrome, left rotator cuff tear, loss of smell, loss of taste, other specified depressive disorder, skin disorder, umbilical hernia, sleep apnea, and gastroesophageal reflux disease.

The Veteran's claims for increased ratings for migraines, obstructive sleep apnea, GERD, and right knee scars were denied. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.,Specifically, the VA examination reports showed that the Veteran's migraines did not result in very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability, his obstructive sleep apnea did not require use of a CPAP machine, his GERD did not meet the criteria for 30 percent or higher ratings under either DC 7203 or DC 7206, and his right knee scars were not deep or nonlinear enough to warrant a compensable rating.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and chondromalacia patella of the right knee due to insufficient examination reports and incomplete development of records.

The Board has remanded the claim of service connection for obstructive sleep apnea (OSA) due to its secondary nature, as it is related to the Veteran's service-connected disabilities. The VA examiner was asked to provide an opinion on whether OSA is caused by or aggravated by his deviated septum, left and right shoulder, or long thoracic nerve palsy.

The Board has determined that there was a duty to assist error in obtaining an addendum opinion regarding the relationship between the Veteran's service-connected PTSD and his obesity, which is a substantial factor in causing or aggravating his obstructive sleep apnea (OSA). The Veteran should be provided with an opportunity to submit the December 2019 private nexus opinion by Gina Uri. An appropriate VA examiner will then provide an addendum opinion addressing whether it is at least as likely as not that PTSD caused or aggravated obesity, and if so, whether such resulting obesity was a substantial factor in causing or aggravating OSA.

The Board has granted service connection for lumbosacral strain and right hip strain as due to the Veteran's service-connected right knee osteoarthritis with meniscectomy residuals and status post knee replacement. The Veteran was previously denied increased ratings for his right knee disability, but these claims are now remanded.

The Board remands the issues for further development, including obtaining additional medical evidence and examinations to address the Veteran's claims.

The Board has determined that the claims for service connection for bilateral hearing loss, obstructive sleep apnea, and migraines need further development due to incomplete compliance with prior remand directives.

The Board has remanded the case due to an error in not addressing a theory of entitlement related to the Veteran's service-connected mental disability and its impact on his sleep apnea. The claim will be reconsidered with additional evidence and medical opinions.

The Board has remanded the case due to incomplete records and lack of information regarding the Veteran's employment history, which is necessary for a proper determination of his eligibility for TDIU.

The Board has granted service connection for hypertension and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD).

The Veteran's appeals for service connection for respiratory complaints, low back condition, sleep apnea, and sleep disturbances are dismissed. The appeal for TBI is remanded.

The Board granted service connection for lumbosacral strain, left middle finger strain, right knee patellofemoral pain syndrome, left knee pain with functional impairment, and right and left ankle pain with functional impairment. The claims for a left shoulder disability, stomach disability, and an anxiety disorder were denied or remanded.