Sleep apnea Board decisions

The Board has remanded the case due to a failure to obtain a VA examination and medical opinion regarding the Veteran's claimed sleep apnea, as well as his respiratory symptoms related to service-connected asthma and PTSD.

The Veteran's combined evaluation for compensation has been 100 percent from February 1, 2021. The Board granted earlier effective dates of March 18, 2019, for the grants of service connection for PTSD with major depression disorder, sleep apnea, and hypertension.

The Board granted an increased initial rating of 70 percent for adjustment disorder with mixed anxiety and depressed mood, and insomnia disorder, but denied higher ratings or service connection for other conditions.

The Board has decided to remand the case due to insufficient information regarding the Veteran's service connection for obstructive sleep apnea, specifically related to toxic exposure risk activities (TERA).

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to obesity, as secondary to his service-connected disabilities. The evidence shows that the Veteran's OSA is related to his obesity, which was caused by his service-connected disabilities.

The Board remands the claim for a rating in excess of 10 percent for lumbosacral strain with intervertebral disc syndrome due to an inadequate VA examination.

The Veteran's initial evaluations for his right shoulder and lumbar spine disabilities have been denied. The Board found that the evidence did not support an evaluation in excess of 20 percent for the right shoulder disability, as it was limited to painful motion at a flexion endpoint of 100 degrees and abduction endpoint of 105 degrees. For the lumbar spine disability, the Veteran's condition did not meet the criteria for unfavorable ankylosis or IVDS warranting a higher rating.

The Board denied service connection for hyperlipidemia and erectile dysfunction, but remanded claims for type 2 diabetes mellitus, diabetic peripheral neuropathy of the right lower extremity, obstructive sleep apnea, and migraine.

The Board denied service connection for sleep apnea as it is less likely than not that the condition began or was caused by active service, nor was it caused or aggravated by a service-connected disability.

The Board has decided to remand the case due to inadequate opinion in the July 2019 VA contract examiner's report and the need to consider whether sleep apnea is secondary to service-connected PTSD.

The Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected back condition, has been remanded due to a duty-to-assist error. The AOJ must obtain an addendum opinion addressing the etiology of the Veteran's obstructive sleep apnea and whether it was aggravated by his back condition.

The appeal for service connection for sleep apnea was dismissed as the Veteran withdrew his appeal, and the Board found that there were no further allegations of error to review.

The Board remands the claim for service connection of obstructive sleep apnea, secondary to service-connected disabilities, due to a need for an adequate medical opinion addressing both causation and aggravation.

The Veteran's claim for a higher rating for his sleep apnea to include asthma was denied as the evidence did not meet the criteria for a higher rating under Diagnostic Codes 6602 (asthma) or 6847 (sleep apnea).

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's obstructive sleep apnea and obesity, as well as whether any service-connected disabilities caused or aggravated his obesity.

The Board has determined that the VA examination and opinions provided were inadequate, particularly regarding whether OSA is caused or aggravated by service-connected disabilities. The case is being remanded to obtain an adequate VA examination and opinions.

The Board has denied a higher rating for the Veteran's retained shrapnel, s/p neck wound. The claims for service connection for ED and obstructive sleep apnea are remanded due to insufficient medical opinions. The TDIU claim is also remanded.

The Veteran's appeals for increased ratings were denied. The Board found that the Veteran did not meet the criteria for a higher rating in several areas, including obstructive sleep apnea and spondylosis of the thoracolumbar spine.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of April 28, 2017. The Board found that the Veteran continuously pursued his claim since April 28, 2017.

The Veteran's appeal is denied as he did not provide all necessary information to establish his entitlement to additional dependency compensation based on his relationship with T. H. A., his minor child, within one year of the August 2013 rating decision which established compensation and rated a service-connected disability not less than 30 percent.