Sleep apnea Board decisions

The Veteran's claim for SMC based on the need for regular aid and attendance is remanded due to pre-decisional duty to assist errors. The AOJ needs to obtain a VA examination to clarify whether his service-connected disabilities cause him to require the need for regular aid and attendance of another.

The Veteran's claims for increased ratings for right hip femoral acetabular impingement syndrome with impairment of the thigh and lumbosacral strain have been denied. The current rating of 20% for right hip femoral acetabular impingement syndrome with impairment of the thigh is upheld, as the evidence does not support a higher rating based on functional loss due to pain or other factors. The claim for increased ratings for limitation of extension and flexion remains denied.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed because the March 2022 VA Form 10182 notice of disagreement violated the prohibition on concurrent elections of review lanes.

The Veteran's major depressive disorder with alcohol use disorder in remission is granted at a 70% rating, effective from March 31, 2021. Service connection for obstructive sleep apnea is also granted.

The Veteran's claim for a back disability was previously denied in August 2012 and became final. The Veteran submitted new evidence in May 2020, which led to the grant of service connection for a back disability as secondary to his existing service-connected condition.,A right ankle fracture was granted service connection effective January 18, 2021, based on the date the claim was received.

The Veteran's claims for service connection and rating of various disabilities, including hearing loss, psychiatric conditions, sleep apnea, GERD, ulcers, prostate issues, hyperlipidemia, neck, back, ankle, elbow, eye glaucoma, foot, hip, shoulder, wrist, and knee disabilities are being remanded due to incomplete records and need for further development.

The Board has granted service connection for obstructive sleep apnea as secondary to allergic rhinitis and dismissed the claim of an increased rating for allergic rhinitis. The appeal regarding service connection for stiffness of neck is also dismissed.

The Board has remanded the case due to inadequate compliance with prior remand directives, specifically regarding the lack of an actual diagnosis during or within one year of service for the Veteran's obstructive sleep apnea.

The Board has remanded the Veteran's claims for additional examinations to determine the current severity of his service-connected cervical spine strain, lumbosacral spine strain, and bilateral hip trochanteric pain syndrome. The issues are now pending before the Board.

The Board has denied a rating in excess of 10 percent for hypertension, and the case is remanded to assess whether headaches, dizziness, and sleep apnea are secondary to service-connected hypertension.

The Board has decided to remand the case for further development due to the need for additional examinations and records.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current condition is related to his military service.

The Veteran's claim for service connection for lumbosacral strain, dermatitis, and pseudofolliculitis barbae has been reopened due to the submission of new evidence showing a current disability. The claims are now addressed on their merits.

The Board has remanded the Veteran's claim for additional development due to insufficient medical opinions regarding the etiology of his obstructive sleep apnea and obesity.

The Veteran's claims for an effective date prior to February 16, 2018 for the grant of service connection and an effective date prior to November 22, 2020 for the grant of a 50 percent rating for obstructive sleep apnea are denied. The issue of entitlement to an increased rating is dismissed as moot.

The Veteran's sleep apnea is granted as secondary to his service-connected disabilities and obesity. His left knee disability remains at a 20% rating, while his right ankle disability does not warrant an increase.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically failing to provide notice of the right to a hearing prior to issuance of the AOJ's initial decision. The Veteran will be provided with proper notice and then the issue will be readjudicated.

The Veteran's DMII, hypertension, and OSA are granted as service-connected.,Service connection for GERD is remanded due to a duty-to-assist error.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding whether the Veteran's service-connected disabilities caused or aggravated his obesity, which is a substantial factor in causing his current sleep apnea.

The Board has granted the Veteran's request to readjudicate their previously denied claim for service connection for obstructive sleep apnea. The appeal is now remanded for a VA examination to address whether there is a medical nexus between an in-service incurrence and current diagnosis of obstructive sleep apnea, as well as whether it was due to or aggravated by a previously service-connected disability.