Sleep apnea Board decisions

The Board has remanded the case due to inconsistencies in the evidence regarding the Veteran's symptoms and their relation to service. The VA will provide a new examination and opinion.

The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment, and she meets the requirements for special monthly compensation at the housebound rate. The TDIU is granted based on the combined 100 percent rating of all service-connected conditions.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected lumbar and cervical spine disabilities, thus granting service connection for this condition.

The Board remands the claim for a new VA examination to determine the current severity of the Veteran's obstructive sleep apnea and asbestos-related lung disease, as the previous examination was found inadequate.

The Board has granted an effective date of June 19, 2022 for SMC and SMC (p) based on the Veteran's service-connected disabilities. The Veteran is also entitled to a higher rate of SMC benefits at the P-2 level due to additional independent service-connected disabilities.

The Veteran's appeal of his claims for bilateral pes planus and sleep apnea has been dismissed due to the withdrawal of the appeals by his attorney prior to the Board's decision.

The Board has granted service connection for lumbosacral strain with muscular pain as secondary to the Veteran's service-connected left knee disability.,The Board has also granted service connection for right hip strain as secondary to the Veteran's service-connected left knee disability.

The Board has granted service connection for lumbosacral strain, cervical strain, and tinnitus. The diagnoses are based on the Veteran's in-service injuries and post-service medical records.

The Veteran's appeals for reductions in disability ratings and increased evaluations have been dismissed due to the Veteran withdrawing their appeals prior to a decision being made.

The Board has remanded the Veteran's claims for lumbosacral strain and torn ACL-left knee due to errors in verifying her periods of active duty training (ADT) and inactive duty training (IDT). The Veteran is asked to clarify whether she contends her back condition had onset during service or a period of ADT or IDT. A medical opinion will be obtained to determine the nature and likely cause of any back disability, including considering all relevant service treatment records.

The Veteran's appeal is remanded due to incomplete medical records and inadequate VA examination for asthma. The claim will be reconsidered with the addition of private treatment records and a new VA examination.

The Veteran's service-connected disabilities (PTSD, low back disability, and OSA) prevent him from securing or following a substantially gainful occupation. The Board has granted the TDIU claim.

The Veteran's claims for service connection for hypertension, hypothyroidism, and OSA are remanded due to a duty-to-assist error. The AOJ must obtain the Veteran's military personnel records and determine if he was exposed to herbicide agents during service.

The Board has granted service connection for right thumb arthritis and denied a rating in excess of 10 percent for lumbosacral strain.

The Veteran's lumbosacral strain with degenerative disc disease and spinal stenosis is currently rated at 10 percent, which is the maximum rating available under VA regulations. The Veteran's right lower extremity radiculopathy is also rated at 10 percent.,Service connection for plantar fasciitis of the left foot as secondary to lumbosacral strain with degenerative disc disease and spinal stenosis is remanded.

The Board has granted the Veteran's claim for service connection for lumbosacral strain as secondary to his service-connected left foot disability, finding that the current condition is caused and/or aggravated by this service-connected condition.

The Veteran's claims for increased ratings for lumbar spine disability and lower extremity radiculopathy prior to January 25, 2022 are dismissed as the March 31, 2022 VA Form 10182 was not interpreted as an opt-in to the modernized system.

The Veteran's appeal for higher ratings for asthma with obstructive sleep apnea and allergic rhinitis was denied. The Board found that the evidence did not meet the criteria for a higher rating in either case.

The Veteran's service-connected disabilities did not render him unemployable prior to December 3, 2019. The Board found that the Veteran had a high rating for his Meniere's disease and sleep apnea but was capable of performing employment duties.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea, and the Board dismissed the issue as a result.