Sleep apnea Board decisions

The Board has decided to remand the case due to a duty-to-assist error in the original rating decision, and a new medical opinion is needed to address the Veteran's claim for service connection of OSA secondary to PTSD.

The Veteran's claim for an effective date earlier than May 25, 2016, for the award of service connection for lumbar spine disability is denied. The Board finds no document of record received by VA earlier than the May 25, 2016, Intent to File, wherein the Veteran requested reopening the previously denied claim for service connection for a lumbar spine disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there is no evidence of additional functional loss or incapacitating episodes.

The Board has remanded the claims for service connection for various conditions due to inadequate development and lack of proper nexus opinions. The Veteran was exposed to toxic substances during his military service, including TCE, benzene, butadiene, toluene, methyl ethyl ketone, gasoline, jet propellant, cadmium, fuels, cleaning solvents, degreasing agents, paint stripper, fumes, and exhaust.

The Veteran's claim for total disability based on individual unemployability (TDIU) prior to December 20, 2010 was denied as he did not meet the schedular requirements and his service-connected disabilities were insufficient to render him unable to secure or follow a substantially gainful occupation.

The Board remands the claim for a new examination to address the likelihood of sleep apnea being caused or aggravated by service-connected cervical spine disability and presumed exposure to toxins in Southwest Asia.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition.

The Board has granted service connection for obstructive sleep apnea, finding that it is due to the Veteran's service-connected lumbar strain and degenerative disc disease through the intermediate step of obesity.

The Board has determined that the evidence is in approximate balance regarding whether service connection should be granted for obstructive sleep apnea and lung cancer. The AOJ's decision on these issues will need to consider additional exposure information provided after the initial rating decisions.

The Veteran's obstructive sleep apnea is found to have increased in severity due to his service-connected acquired psychiatric conditions, and the Board grants service connection for this condition as secondary.

The appeal for increased ratings in excess of 20 percent, 10 percent, and 10 percent for back disability and bilateral lower extremity radiculopathy has been dismissed due to the October 2022 rating decision not being a final, appealable decision.

The Board has decided to remand the case due to a duty to assist error, requiring an addendum opinion regarding secondary service connection for sleep apnea.

The Board denied the Veteran's requests for earlier effective dates for service connection of lumbosacral disability, left lower extremity radiculopathy, and right lower extremity radiculopathy. The effective date was set at October 27, 2021.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD, finding that there is a causal relationship between the two conditions.

The Veteran's bilateral pes planus has been granted service connection. The initial rating for lumbosacral strain with thoracic scoliosis is granted, but the case is remanded due to inadequate VA examination records. Service connection for rhinitis and sinusitis is also remanded.

The Veteran withdrew his service connection claim for obstructive sleep apnea, and the appeal is dismissed.

The Board has determined that the VA's duty to assist prior to the AOJ decision on appeal was not fulfilled, and thus remanding for a new opinion regarding whether the Veteran's sleep apnea is caused by or aggravated by his service-connected PTSD.

The Board has determined that the claims for service connection for obstructive sleep apnea and lung cancer with removal of right lobe are not supported by the evidence presented, but new evidence (the September 2024 TERA memorandum) was submitted after the initial rating decisions. The AOJ is directed to consider this new evidence in deciding these issues.

The Veteran's appeal is being remanded due to a duty to assist error. The Board will decide the issue of service connection for obstructive sleep apnea secondary to his service-connected left shoulder condition based on the evidence of record at the time of the prior decision.

The Board has determined that the Veteran had additional periods of active duty, ACDUTRA, and INACDUTRA service not previously considered. The claim is remanded to obtain personnel records from both Air Force Reserve and Air National Guard service as well as any associated service treatment records.