Sleep apnea Board decisions

The Board has determined that the VA examination and opinions are inadequate for adjudication purposes, particularly regarding the nature and etiology of the Veteran's obstructive sleep apnea (OSA) and its relationship to his service-connected tinnitus. The claim is therefore remanded for further development.

The appeal for service connection for obstructive sleep apnea (OSA) is dismissed because there was no initial decision under the Appeals Modernization Act sufficient to confer jurisdiction of the issue.

The Veteran's service-connected Major Depressive Disorder, along with other disabilities, renders him unable to secure and follow a substantially gainful occupation. The Board grants SMC-S based on this finding.

The Board granted service connection for obstructive sleep apnea and readmitted the claims for a right hand condition and left hand pain, while remanding the claim for a right shoulder disorder.

The Board has remanded the claim of service connection for obstructive sleep apnea, as it is unclear whether the Veteran's condition is related to his active duty or secondary to his service-connected PTSD. The VA examiner will need to provide an opinion on both aspects.

The appeal regarding the proposal to decrease the disability rating for chronic strain of the lumbosacral spine from 40 to 10 percent and the proposal to discontinue Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is dismissed.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's service-connected somatic symptom disorder and degenerative knee disorder caused him to become obese, which was a substantial factor in causing his current condition.

Your claim for service connection for sleep apnea has already been granted, and the Board is dismissing this appeal as there are no longer any unresolved issues.

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

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected other specified trauma and stressor-related disorder.

The Board has decided to remand the case due to errors in obtaining relevant medical records and issues with the opinion regarding aggravation of sleep apnea by service-connected PTSD.

The Board dismissed the Veteran's appeals for service connection of a right knee disability and sleep apnea because he did not timely file his VA Form 10182, which is required to appeal these decisions. The Board found that good cause had not been shown to extend the filing deadline.

The Veteran's claim for earlier effective date of October 24, 2019 for the grant of service connection for diabetes mellitus type II was granted. The claim for earlier effective date prior to October 24, 2019 for obstructive sleep apnea was denied.

The Board denied service connection for obstructive sleep apnea, finding that it did not manifest during service and is not etiologically related to service or the service-connected PTSD.

The Board has decided to remand the claims of service connection for obstructive sleep apnea and a respiratory disability due to duty-to-assist errors.

The Veteran's PTSD is granted with an initial 70 percent rating, and service connection for sarcoidosis is also granted. The remaining issues of service connection for jaw disability, back disability, and sleep apnea are remanded.

The Board has determined that the Veteran's sleep apnea is related to his active service and granted service connection for this condition.

The Veteran's service-connected disabilities met the percentage requirements for a schedular TDIU on August 7, 2020, and he was precluded from securing and following substantially gainful employment as of this date. An effective date of August 7, 2020, is granted for the grant of TDIU.

The Board has remanded the Veteran's claims for service connection for sleep apnea and cervical degenerative disc disease (neck surgery) due to insufficient medical opinions regarding the etiology of these conditions. The VA is required to provide a disability examination and medical opinion for his claim for service connection for sleep apnea, considering total potential exposure through all applicable military deployments and service, as well as the synergistic and combined effect of all TERA exposures.

The Board has remanded the issues of service connection for kidney cancer, diabetes mellitus type II as secondary to morbid obesity and kidney cancer, and obstructive sleep apnea as secondary to morbid obesity due to the need for further development. The Veteran's claims are not supported by evidence that his conditions were caused or aggravated by his service-connected disabilities.