Sleep apnea Board decisions

The Board has remanded the Veteran's claims for further development due to pre-decisional duty to assist errors regarding his service connection claims.

The Board has remanded the claims for service connection due to a duty to assist error, and will need an addendum opinion from the VA examiner.

The Veteran's service connection claim for Obstructive Sleep Apnea (OSA) is denied because the evidence does not show a relationship between his obesity and any service-connected disability, nor does it establish that OSA had onset in service or was caused by a service-connected condition.

The Veteran's sleep apnea was incurred during his active duty service, and the Board granted service connection for this condition.

The Veteran's claims for service connection and increased ratings are denied. The AOJ is directed to obtain a VA medical examination addressing the nature and etiology of the claimed conditions, specifically plantar fasciitis in the left foot.

The Veteran's claims for service connection for obstructive sleep apnea and diabetes mellitus type II were denied in November 2013. The Veteran did not timely appeal these decisions, so the cases have been dismissed.

The Board has dismissed the appeal for service connection for sleep apnea due to a failure to follow VA's claims processing rules.

The Board has decided to remand the claim of service connection for sleep apnea due to a duty to assist error. A VA examination is required to determine if the Veteran's sleep apnea is at least as likely as not related to his military service.

The Veteran's claim for service connection for his lumbar spine condition is granted with an effective date of April 30, 2007.

The Board has decided to remand the claim for service connection for sleep apnea due to inadequate VA opinions and need for a new medical opinion.

The Veteran's service-connected disabilities, including PTSD and lumbosacral strain, render her unable to secure and follow a substantially gainful occupation from April 27, 2021. The Board granted the TDIU based on the cumulative effects of these conditions.

The Veteran's claims for increased ratings for left knee meniscus tear and lumbosacral strain are being remanded due to pre-decisional duty to assist errors.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is secondary to his service-connected posttraumatic stress disorder (PTSD) and right knee anterior cruciate ligament tear and degenerative arthritis.

The Board has dismissed the appeals for entitlement to service connection for bilateral hearing loss and low back condition due to untimely filing of Notice of Disagreement. The appeal for sleep apnea is remanded.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected Major Depressive Disorder with psychotic features.

The Board denied increased ratings for obstructive sleep apnea from November 7, 2017 to March 21, 2019 and from March 22, 2019 onwards. The evidence did not support the need for a CPAP machine or chronic respiratory failure.

The Board denied requests for earlier effective dates for service connection of generalized anxiety disorder, left shoulder strain, lumbosacral strain (back disability), and tinnitus as the earliest date of receipt was September 13, 2021.

The appeal for service connection of loss of right kidney is dismissed as moot. The appeal for service connection of obstructive sleep apnea is remanded.

The Board has decided to remand the case due to a need for an addendum medical opinion regarding whether the Veteran's pre-service back injury was aggravated by his active-duty service, including his in-service fall and back injury.

The Board has decided to remand both the service connection claim for sleep apnea and the rating claim for degenerative arthritis with intervertebral disc syndrome, lumbar spine. The claims will be reconsidered by the AOJ with new medical opinions provided.