Sleep apnea Board decisions

The Board has denied service connection for degenerative disc disease of the lumbar spine and remanded the issue of service connection for obstructive sleep apnea due to a duty to assist error.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his active service and granted service connection for this condition.

The Veteran's service-connected PTSD and MDD caused his obesity, which in turn aggravated his obstructive sleep apnea. The Board has granted the claim for secondary service connection of OSA on this basis.

The Board has remanded the case due to procedural errors and incomplete records. The Veteran's claims for right knee, left knee, and lumbosacral spine disorders are pending.

The Veteran's claims for increased ratings and service connection were denied. The claim for an increased rating for hiatal hernia with GERD was denied as the symptoms did not meet the criteria for a higher rating. Service connection claims for blepharitis, trichiasis, lumbosacral radiculopathy and piriformis syndrome, peripheral neuropathy of the right side, and peripheral neuropathy of the left side were also denied.

The Veteran is granted a TDIU effective August 7, 2020 due to service-connected disabilities. The issue of entitlement to a TDIU prior to that date is remanded for extraschedular consideration.

The Board has granted service connection for a low back disability, bilateral lower extremity radiculopathy, and a psychiatric disorder. The evidence supports the conclusion that these conditions are related to the Veteran's military service.,The VA examiner found no nexus between the claimed low back condition and service, while the private examiner concluded that the Veteran's physical job duties during service likely caused his back condition.

The Board has determined that the Veteran's service-connected adjustment disorder caused his obstructive sleep apnea, and thus grants service connection for OSA as secondary to his service-connected condition.

The Board denied a higher initial disability rating for service-connected sleep apnea, finding that the condition did not manifest as chronic respiratory failure with carbon dioxide retention or cor pulmonale, or the need for a tracheostomy.

The Veteran's service-connected lumbar spine degenerative joint disease (DJD) and left knee DJD are found to be the primary cause of his obstructive sleep apnea, which is granted as secondary.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is caused by his service-connected respiratory lung disease. The initial disability rating of 30 percent for the service-connected respiratory lung disease remains unchanged.

The Board has determined that the Veteran's service-connected PTSD is likely a contributing factor to his development of OSA, and thus grants service connection for OSA as secondary to PTSD.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected shoulder disabilities. The Board found that the obesity causing the sleep apnea was aggravated by the shoulder disabilities.

The Veteran's claim for increased ratings and effective dates for his service-connected conditions was denied. He is now receiving a TDIU.

The Board has remanded the claims of service connection for intervertebral disc syndrome (IDVS) with lumbosacral strain, spinal fusion, spinal stenosis, spondylolisthesis, lumbar spine scar, and bilateral lower extremity radiculopathy due to incomplete medical records and lack of a clear opinion regarding the etiology of the Veteran's low back disability.

The Veteran's claim for service connection for sleep apnea was denied in a prior rating decision, but the effective date of July 20, 2018, is restored.,For patellofemoral pain syndrome with shin splints (claimed as left knee condition), the effective date of July 20, 2018, is granted.

The Board has granted service connection for obstructive sleep apnea, right hallux valgus, left hallux valgus, right pes planus with metatarsalgia, left pes planus with metatarsalgia, right foot hammer toes disability, and left foot hammer toes disability. The decision is based on the Veteran's credible lay accounts of symptoms in service and ongoing pain.

The Veteran's claim for service connection for unspecified anxiety disorder is granted. Claims for service connection for migraines and sleep apnea are denied.

The Board has granted earlier effective dates of November 1, 2019 for service connection to be established for obstructive sleep apnea, hypertension, left knee patellofemoral pain syndrome and status post left knee arthroscopy meniscus tear repair, and scar.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the opinion on secondary service connection for sleep apnea.