Sleep apnea Board decisions

The Board has granted service connection for left shoulder strain with torn rotator cuff and lumbosacral strain with intervertebral disc syndrome, finding that the Veteran's symptoms are related to his military service.

The Board has decided to remand the case due to a duty-to-assist error in failing to provide a VA opinion regarding the etiology of sleep apnea and whether service-connected migraine headaches caused or aggravated it. The Veteran's spouse reported snoring and whistling during active service, which may be relevant to his current claim.

The Veteran's appeals for PTSD, tinnitus, lumbar strain, sleep apnea, cervical strain, upper extremity peripheral neuropathy, adjustment disorder, and a left elbow scar were dismissed due to the Veteran withdrawing his appeals. The claims for increased ratings of bilateral cubital tunnel syndrome are denied as the Veteran failed to attend scheduled VA examinations.

The Board has reopened the claim of service connection for OSA due to new and relevant evidence submitted by the Veteran, but has decided to remand the case for further consideration.

The Veteran's service connection claim for obstructive sleep apnea was granted. The claims for sinusitis and rhinitis were denied.,Obstructive sleep apnea is considered incurred during active military service.

The Veteran's initial compensable evaluation for hypothyroidism with autoimmune thyroiditis is denied, and the Board finds a duty to assist error in not obtaining a sleep study for his service connection claim for sleep apnea. The case is remanded for further action.

The Veteran's claim for service connection for a recurrent sleep disability, including obstructive sleep apnea, is being remanded due to incomplete service records and the need for further verification of his military service.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's OSA is related to his service-connected PTSD, and thus grants service connection for OSA secondary to PTSD.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, including obesity caused by his service-connected conditions.

The Board denied the Veteran's claims for service connection of left foot and right foot disabilities, finding no current disability diagnoses. The reduction in rating for lumbar spine disability was also denied.

The Veteran's claims for earlier effective dates for service connection were denied as the earliest possible effective date provided by law is August 11, 2021.

The Board has granted the Veteran's request to readjudicate his claim for service connection for a lumbar spine disability, finding that new and relevant evidence supports this decision. The Veteran is now entitled to service connection for chronic low back pain with sciatica, which began during active service.

The Board has granted service connection for scoliosis and remanded the issue of secondary service connection for lumbar spine disabilities other than scoliosis.

The Veteran's lumbosacral strain was rated at 10 percent since November 27, 2021. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or IVDS formula.

The Veteran's OSA requires the use of a breathing assistance device such as CPAP machine, but does not meet criteria for higher ratings due to lack of chronic respiratory failure or tracheostomy.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected tinnitus.

The Board denied a request for an earlier effective date for the grant of service connection for sleep apnea, finding that the earliest available effective date is March 17, 2022, when VA received the Veteran's claim.

The Board has determined that the VA examinations and opinions are inadequate for adjudicatory purposes due to their focus on obesity as an intermediate step, rather than directly addressing whether the Veteran's sleep apnea is caused by or aggravated by his service-connected anxiety disorder. The case is therefore being remanded for additional examination and opinion.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's service-connected mental health condition caused his obesity and/or aggravated it, which is necessary for determining if sleep apnea can be service connected.

Service connection for asthma and OSA is granted due to exposure to burn pits, while service connection for chronic cough is denied.