Sleep apnea Board decisions

The Veteran's claim for service connection for sleep apnea was dismissed due to procedural defects in the appeal process.

The Board has decided to remand the claims of service connection for sleep apnea and left ankle disability due to inadequate medical opinions regarding their etiology. The Veteran's reports will be considered by the RO in the adjudication of these claims.

The Veteran's appeal for a higher rating for lumbosacral strain is denied.,The Veteran's claim for service connection of right shoulder strain, as secondary to his left shoulder disability, is remanded.

The Board has decided to remand the case due to insufficient opinions regarding the relationship between the Veteran's sleep apnea and his service-connected depressive disorder, as well as a need for additional VHA records.

The Board denied the Veteran's claim for service connection for a back disability, including as secondary to his service-connected bilateral pes planus with obesity. The evidence did not support finding that the back disability was related to service or due to his service-connected condition.

The Veteran's claim for a TDIU is granted effective January 12, 2018. The effective date was determined based on the Veteran's service-connected disabilities and his inability to secure or follow substantially gainful employment due to these conditions.

The Veteran's tinnitus is granted service connection. The Board finds it was a pre-decisional duty to assist error not to clearly identify the Veteran's periods of ACDUTRA and INACDUTRA, and remands for further action on dizziness (vertigo), gastrointestinal disorder, sleep apnea, back disorder, right shoulder disorder, right-hand disorder, left-hand disorder, headaches, and neck disorder.

The Veteran's claims for earlier effective dates and higher evaluations are being remanded due to the need for additional development of the record.,The Board is unable to determine an appropriate effective date for the grant of service connection for PTSD as it was not established until after August 24, 2005.

The Board has remanded the claim of service connection for sleep apnea due to a lack of consideration of new evidence and an inadequate nexus opinion. The Veteran contends that his current sleep apnea is directly related to his in-service nasal surgery, while also arguing it is secondary to his service-connected deviated septum.

The Board has decided to remand the service connection claim for obstructive sleep apnea due to its complexity and need for additional medical opinions.

The Board has determined that the current VA medical opinions are inadequate and remands for further clarification on whether the Veteran's service-connected lumbar strain with degenerative arthritis caused his obesity, or aggravated it. Additionally, an opinion is needed to determine if the Veteran's obstructive sleep apnea is secondary to medications prescribed for his back disability.

The Board remands the claim for service connection for obstructive sleep apnea to provide the Veteran with another VA examination and address concerns raised by the Court regarding the adequacy of previous medical opinions.

The Board remanded the claims for service connection for a back disorder, neck disorder, and obstructive sleep apnea to obtain additional medical opinions due to inadequate VA examinations.

The Veteran's TDIU claim was raised in the context of his initial increased rating claim for lumbosacral strain. The Board found that he did not meet the schedular requirements for a TDIU as set forth in 38 C.F.R. § 4.16(a) prior to July 23, 2019. However, on remand, his claim should be referred to the Director of Compensation Service for extraschedular consideration for a TDIU.

The Veteran withdrew her appeals for increased ratings and service connection for lumbosacral strain with bilateral sacra stress injury, right femur stress fracture with hip contusion, left hip contusion, residuals of a traumatic brain injury, vestibular disorder, and left knee disorder.

The Board has dismissed the claims for service connection for anxiety and entitlement to a compensable evaluation for tension headaches due to the Veteran's grant of service connection for major depressive disorder. The claim for sleep apnea is denied as there is no current diagnosis.

The Board has remanded the claims of service connection for cervical spine and low back disabilities due to deficiencies in the February 2023 VA examiner's opinion. The Veteran must provide an addendum that addresses his reported injuries during service and considers his lay statements.

The Veteran's authorized representative withdrew the appeal for both obstructive sleep apnea and bilateral restless leg syndrome, resulting in their dismissal.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected musculoskeletal disabilities, with obesity serving as an intermediate step.

The Board denied service connection for sleep apnea, finding no evidence of an in-service incurrence or that the condition was caused by a service-connected disability.