Sleep apnea Board decisions

The Board has determined that the current decision on appeal is not final and remands the case for further development, including obtaining an opinion regarding whether the Veteran's obstructive sleep apnea (OSA) was caused or aggravated by his service-connected disabilities, as well as considering the PACT Act provisions.

The Veteran's claims for increased ratings for sleep apnea and sinusitis, as well as his claim for TDIU prior to July 29, 2020, were all denied by the Board.,The Veteran was not granted a disability rating in excess of 50 percent for his obstructive sleep apnea. The condition is currently rated at 50 percent.

The Board has remanded all service connection claims due to the need for additional VA and private treatment records, particularly from facilities in the Bronx, Puerto Rico, and Gainesville.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of sleep apnea and whether obesity/weight gain as a result of service-connected disabilities was a substantial factor in causing the OSA disability.

The Veteran's appeal for service connection of sleep apnea was dismissed due to their passing away during the appeal process.

The Board has decided to remand the claim of service connection for sleep apnea due to a duty to assist error and the need for a VA examination.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of September 15, 2021. The Board found that the earliest effective date under the law is March 25, 2019, as the Veteran filed a claim within one year of his Intent to File a Claim for Benefits.

The Veteran's service-connected disabilities, including PTSD, total hip arthroplasty, OSA, lumbar DDD with L4-S1 bulge, radiculopathy of the right lower extremity, and avascular necrosis of the right hip, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's OSA and facial fractures, as well as the etiology of his OSA. Further development is needed.

The Board has granted effective dates of July 12, 2021 for the grant of service connection for kidney cancer, s/p nephroureterectomy, and residual scars, s/p left nephroureterectomy. The Veteran also received SMC based on housebound criteria.

The Veteran is granted earlier effective dates of March 28, 2019 for a 70% rating for PTSD with Major Depressive Disorder and a 20% rating for Lumbosacral Strain.,These ratings are based on the Veteran's service-connected conditions being manifested since her discharge from active service.

The Veteran's claim for hypertension, to include as secondary to service-connected PTSD, is remanded due to the submission of new and relevant evidence.,The Veteran's claims for erectile dysfunction, sleep apnea, and chronic fatigue syndrome, all to include as secondary to service-connected PTSD, are not warranted based on the submitted evidence.

Service connection is granted for GERD (acid reflux).,Service connection is denied for Hepatitis C and Sleep apnea.,The claim of service connection for asthma remains pending and requires further review.

The Veteran's erectile dysfunction is proximately caused by medication taken for service-connected PTSD.,The Veteran's obstructive sleep apnea and migraine headaches are related to toxic exposure risk activity during service, including burn pits and hazardous materials.,Service connection for migraine headaches as secondary to service-connected tinnitus and/or PTSD is remanded due to a lack of an addendum medical opinion.

The Veteran's sleep apnea with asthma is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has dismissed the claim of service connection for bilateral hearing loss due to a lack of readjudication in the September 2019 rating decision. The appeal of service connection for sleep apnea is remanded.

The Veteran's appeals for an effective date prior to December 27, 2022 and for a higher initial evaluation for obstructive sleep apnea have been dismissed due to the Veteran's withdrawal of his appeal.

The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected sinusitis.

The Board has dismissed the Veteran's appeals regarding service connection for various foot conditions, sleep apnea, and spine disability due to the Veteran's withdrawal of the appeal prior to a decision.

The Veteran's appeal is remanded for further development regarding service connection for a stomach disability.,Service connection for bilateral hearing loss, pes planus (left foot), and left forearm disability are denied. Service connection for sleep apnea remains in dispute.