Sleep apnea Board decisions

The Board denied an earlier effective date for the Veteran's service connection for sleep apnea, finding that his June 2003 claim did not reasonably raise a claim for sleep apnea.

The Veteran's OSA requires the use of a CPAP machine, and a pre-aggravation baseline has not been established by the medical evidence. Therefore, a 50 percent rating for OSA is granted.

The Board has decided to remand the case due to a duty to assist error in not obtaining a VA examination and opinion regarding service connection for sleep apnea, which is related to presumed toxic exposures during service. The Veteran's active service included participation in a toxic exposure risk activity (TERA).

The Veteran's claim for SMC based on the need for aid and attendance or housebound status due to service-connected disabilities prior to December 2, 2019, and from February 1, 2021, is denied as he did not meet the criteria for such benefits.

The Veteran's claim for service connection for tinnitus is granted. The claim for sleep apnea is denied. The claims for left and right knee conditions are remanded.

The Board has decided to remand the case due to a pre-decisional duty-to-assist error, requiring an addendum opinion regarding the nature and etiology of the Veteran's claimed Obstructive Sleep Apnea.

The Veteran's service-connected disabilities, including lumbosacral strain, right lower extremity lumbar radiculopathy, right hip arthritis, and right knee arthritis, have rendered him unable to secure or follow substantially gainful employment since March 16, 2021. His TDIU is granted with an effective date of March 16, 2021.

The Board denied service connection for obstructive sleep apnea as there is no evidence of its onset during or within one year after service, and the Veteran's own statements are not credible. The Board found that OSA did not have a nexus to his service-connected tinnitus.

The Board has remanded the case for further evaluation of the Veteran's bilateral hearing loss claim due to a pre-decisional error in the previous VA audiological examination.

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.

The Board has decided that the Veteran's claim for service connection for sleep apnea should be remanded due to a need for an examination and medical opinion regarding his participation in a TERA during service.

The Veteran's obstructive sleep apnea, bilateral flatfoot, and migraine headaches have been granted initial ratings of 50%, 10%, and noncompensable respectively, all effective February 1, 2021.,These decisions are based on the severity of the disabilities as evidenced by new medical evidence submitted within one year of the June 2021 rating decision.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD. The rating for PTSD remains at 50 percent.

The Board has granted service connection for the Veteran's obstructive sleep apnea (OSA) as secondary to her service-connected unspecified depressive disorder. The decision also reopened the claim due to new and relevant evidence.

The Veteran's appeal to service connect sleep apnea was dismissed because the appeal was not filed within one year of the December 2017 rating decision, and thus is untimely.

The Board has decided to remand the case due to a duty to assist error, and will need additional development including a new VA opinion on the etiology of the Veteran's sleep apnea.

The Veteran's service connection claims for non-allergic rhinitis, obstructive sleep apnea with insomnia and bronchitis, migraine headaches, and a skin disorder in the area of face, head, and back have been granted. However, his claim for service connection for migraine headaches is remanded due to the need for a VA toxic exposure risk activity (TERA) examination under the PACT Act. The claims for service connection for obstructive sleep apnea with insomnia and bronchitis as secondary to service-connected sinusitis are also remanded.

The Board granted service connection for athlete's foot and jock itch, but denied service connection for cellulitis. The initial compensable rating for maxillary chronic sinusitis was also denied.

The Board denied the Veteran's claims for earlier effective dates for service connection due to a failure to submit a completed VA Form 21-526 within one year of her intent to file, despite receiving multiple notices and opportunities.

The Board has remanded the claims of service connection for depression, anxiety, high blood pressure, sleep apnea, and headaches due to pre-decisional duty to assist errors. The Veteran's psychiatric condition is being examined again to determine if it is secondary to his service-connected tinnitus and bilateral hearing loss. A VA examination will also be conducted to determine the nature and etiology of his claimed headache condition.