Sleep apnea Board decisions

The Veteran's left knee degenerative arthritis with repaired meniscal tear is granted service connection. The issue of service connection for obstructive sleep apnea (OSA) related to his service-connected asthma is remanded.

The Veteran's claim for service connection for vision disability, flight dizziness, and sleep apnea is being remanded due to the need for additional development related to his exposure to burn pits during military service.,Specifically, the PACT Act requires VA to provide a medical examination and opinion regarding the relationship between the Veteran's current disabilities and his exposure to toxic substances.

The Board has granted service connection for PTSD, but the claim for sleep apnea is remanded due to a duty to assist error.

The Board has remanded the case due to a lack of an adequate VA medical opinion regarding the etiology of the Veteran's sleep apnea. The Veteran and his wife have provided lay statements describing symptoms observed during service, which need to be considered in the new examination.

The Veteran's claim for an earlier effective date for SMC HB was denied as the evidence did not show that he met the criteria for SMC HB based on his service-connected disabilities and unemployability.

The Board has determined that the Veteran's OSA is related to her service-connected PTSD, and thus service connection for OSA is granted.

The Board has decided to remand the claim of entitlement to service connection for sleep apnea, including as secondary to other service-connected disabilities. The decision is based on the need for additional medical opinions regarding the nature and etiology of the Veteran's claimed sleep apnea.

The Veteran's lumbosacral spondylolisthesis was evaluated at a 10 percent disability rating, as the evidence did not meet criteria for higher ratings. The Board found that the Veteran's symptoms and range of motion were consistent with a 10 percent rating.

The Board denied the appellant's request for attorney fees based on reimbursement of expenses related to the Veteran's funeral and burial costs. The appellant was only entitled to the amount necessary to cover these expenses, as she did not meet the eligibility criteria for accrued benefits.

The Board has decided to remand the case due to inadequate VA examination, and a new opinion is needed regarding whether the Veteran's sleep apnea had its clinical onset during active service or is related to any in-service disease, event, or injury.

The Board has remanded the case due to a duty-to-assist error and for further examination regarding service connection for obstructive sleep apnea. The examiner is required to provide opinions on whether the OSA is related to service, secondary to service-connected conditions, or due to Gulf War exposure.

The Board has decided to remand the claim of service connection for sleep apnea, including as secondary to hypertension. The decision is based on a lack of contemporaneous medical evidence and an inadequate VA opinion.

The Board has remanded the case due to an inadequate VA examination, and new evidence will be considered.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and right lumbosacral radiculopathy at L5-S1 associated with intervertebral disc disease were denied. The Board found that the evidence did not support a higher rating than 20 percent for the left lower extremity condition or 10 percent for the right lumbosacral radiculopathy.

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that his current diagnosis is directly related to his active duty service.

The Board has determined that the AOJ erred in not considering the Veteran's request for an extension of time to file a supplemental claim due to the COVID-19 national emergency. The claims for earlier effective dates for TDIU and DEA are remanded for further adjudication.

The Board denied service connection for sleep apnea, bilateral hearing loss, tinnitus, left eye glaucoma, right eye glaucoma, and tinea pedis due to a lack of evidence showing the conditions were incurred or aggravated by military service. The Veteran's claims for these conditions are therefore denied.

The Veteran's claims for service connection for various disabilities, including TBI, vertigo, sleep apnea, and neurological impairment of the upper and lower extremities due to cold exposure, have been dismissed. The Board found that the Veteran does not have these conditions or their claimed causes.

The Board has granted service connection for a lumbar spine disability and an acquired psychiatric disorder, finding that these conditions are at least as likely as not related to service.

The Board has decided to remand the claims for service connection and increased ratings due to incomplete records, including a lack of private treatment records. The Veteran's Meniere's disease and obstructive sleep apnea are being reviewed again as there may be new evidence or information that was not considered previously.