Sleep apnea Board decisions

The Board has remanded the Veteran's claims for service connection for a GI disorder and obstructive sleep apnea due to potential participation in toxic exposure risk activities (TERA). The VA will provide an opinion on whether these conditions are related to TERA.

The appeal to reduce the disability rating for lumbosacral strain and levoconvex scoliosis was dismissed because the proposed reduction had not been implemented at the time of the Veteran's Notice of Disagreement.

The Veteran's obstructive sleep apnea is found to have begun during active service, and the Board grants service connection for this condition.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's service-connected obstructive sleep apnea is currently rated at 30 percent, and the Board finds that it does not warrant a higher rating as his condition does not require the use of a breathing assistance device such as a CPAP machine.

The Board denied service connection for sleep apnea, finding that the evidence did not persuasively show a relationship between the condition and active service.

The Board finds that the Veteran's claims for service connection related to arthritis of the upper and lower extremities, as well as cervical and thoracolumbar spine conditions are remanded due to a pre-decisional duty to assist error. The claims were denied because there was no verification of exposure to toxins at Fort McClellan.

The Veteran's claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea are being remanded due to incomplete records and inadequate medical opinions. The AOJ is instructed to obtain missing records, including private treatment records and VistA Imaging documents. They must also seek clarification on the secondary theory of service connection and provide a comprehensive opinion regarding the etiology of OSA and any acquired psychiatric disorders.

The Board has remanded the Veteran's claims for left ankle strain, left knee strain, and lumbosacral strain due to a duty to assist error that occurred prior to the February 2021 rating decision on appeal. The VA is required to obtain medical opinions as to whether these disabilities are related to service.

The Board has granted service connection for IBS as secondary to the Veteran's service-connected psychiatric disorder and for OSA on a direct basis.

The Veteran's appeal of service connection for obstructive sleep apnea is dismissed because the August 2024 VA Form 10182 is invalid as it is already on appeal via a previous October 2023 rating decision. The other issues (stoke and hypertension) are still pending.

The Board has granted service connection for lumbosacral strain as secondary to the Veteran's service-connected left knee strain.

The Veteran's service connection claims for allergies, back pain, GERD, and sleep apnea are granted. Service connection is established for allergic rhinitis on a direct basis. Claims for back pain, GERD, and sleep apnea are denied.

The Veteran's claim for service connection for sleep apnea is granted, but the Board finds that there is no causal relationship between his in-service symptoms and the current diagnosis of sleep apnea. The new evidence received since the April 2020 rating decision does not support a grant of service connection.

The Board has decided to remand the issue of service connection for obstructive sleep apnea due to conflicting medical opinions and a need for additional clarification regarding the relationship between the Veteran's service-connected conditions and his OSA.

The Board has determined that the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD, and thus grants service connection for this condition.

The Board has decided to remand the case due to errors in pre-decisional duty to assist and because of the need for a TERA-specific examination and medical opinion.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not related to his service-connected adjustment disorder with depressed mood and lumbosacral back sprain with IVDS of the lumbar spine.

The Veteran's appeal for an increased rating for GERD was dismissed because he withdrew his Notice of Disagreement.,The Veteran's appeal for service connection for a right shoulder condition was dismissed because he withdrew his Notice of Disagreement.

The Veteran's service-connected bilateral ankle disabilities, right elbow disability, and right knee disability are found to have caused or aggravated his obesity, which in turn resulted in his obstructive sleep apnea. As such, the Board grants service connection for obstructive sleep apnea.