Sleep apnea Board decisions

The appeal regarding entitlement to service connection for a back disability is dismissed because the Veteran did not timely file an appeal in response to the rating decision issued in December 2020, and good cause to extend the period of time to file the appeal was not shown.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected PTSD and tinnitus.

The Veteran's PTSD and OSA have been rated at 70% since May 4, 2020. The Board has granted a TDIU beginning June 15, 2016.

The Board denied service connection for sinusitis and remanded the claim for obstructive sleep apnea due to an inadequate medical opinion.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, plantar fasciitis, right restless leg syndrome, left restless leg syndrome, and sleep apnea due to a lack of current disability. The appeals for these conditions are being remanded as additional medical opinions are needed to address direct service connection and any aggravation by service-connected disabilities.

The Veteran's claims for PTSD, head concussion/TBI, residuals of a head injury (claimed as dizziness), chronic post traumatic headaches, and sleep apnea are being remanded due to the submission of new and relevant evidence.,Verification of in-service stressors is required for the Veteran's PTSD claim. The AOJ will attempt to verify these stressors.

The Board has remanded the Veteran's claims for service connection for OSA and RLS, both secondary to PTSD, due to inadequate medical opinions.

The Board granted service connection for obstructive sleep apnea as secondary to posttraumatic stress disorder and an earlier effective date of November 14, 2019, for the award of a 70 percent rating for PTSD.

The Board has determined that the July 2019 and June 2020 VA medical opinions are inadequate for adjudicatory purposes due to a lack of discussion on secondary service connection. The Veteran's sleep apnea is remanded for an additional opinion addressing whether it was caused by or aggravated by her service-connected major depressive disorder.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected lumbosacral strain, finding that the weight gain and obesity resulting from the lumbosacral strain are substantial factors in causing the current sleep apnea.

The Veteran's appeal for service connection for sleep apnea and left wrist tendonitis was dismissed as the Veteran withdrew her appeal through her authorized representative.

The Board has remanded the claims for GERD and OSA as secondary to service-connected back disability due to a lack of opinion regarding these theories.

The Veteran's OSA is proximately due to his service-connected PTSD, and the Board has granted service connection for OSA on a secondary basis.

The Board remands the claim for service connection of obstructive sleep apnea to correct a pre-decisional duty to assist error and to address the Veteran's contention that his condition is related to his deployment in the Persian Gulf during Operation Desert Shield and Desert Storm.

The Board has granted service connection for radiculopathy of the right and left lower extremities as secondary to a service-connected lumbosacral strain with degenerative arthritis and disc disease. Service connection for bilateral hearing loss was denied.

The Veteran's sleep-disordered breathing, hypertension, inflammatory enthesopathy of the left hand, and arthritis of the left hand are all found to be related to his service. The Veteran is granted a disability rating of 70 percent for PTSD with unspecified neurocognitive disorder effective August 18, 2017.

The Board has decided to remand the claims for fatigue, ED, and OSA as secondary to PTSD due to service in Southwest Asia. Additional medical examinations are needed to determine if these conditions are related to service or other factors.

The Veteran's claim for service connection for sleep apnea is remanded due to a duty-to-assist error. A VA examination is needed to determine the relationship between the Veteran's current sleep apnea and his military service, including any TERA exposure.

The Veteran withdrew their appeal for service connection of obstructive sleep apnea (OSA) before the Board could make a decision.

The Board remands the claims for service connection for lumbosacral strain and radiculopathy in the bilateral lower extremities to ensure a complete record is available.