Sleep apnea Board decisions

The Board has determined that the evidence is in equipoise, finding a relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea (OSA), thus granting service connection for OSA as secondary to PTSD.

The Veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment due to his education and occupational experience.

The Veteran's claims for increased disability ratings for degenerative joint disease and disc disease of the lumbosacral spine with Tarlov's cyst, and radiculopathy of the left lower extremity are being remanded due to inadequate prior examinations.

The Board denied the Veteran's request for an earlier effective date of January 4, 2021, for a 40 percent evaluation for intervertebral disc syndrome, lumbosacral spine. The evidence did not show any formal or informal claim prior to January 4, 2021, and there was no factually ascertainable worsening within the one-year look-back period.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected PTSD and may have had its onset during active service, including due to toxic exposure risk activities. The claim for service connection is remanded for further examination and opinion.

The Veteran's PTSD is granted as service-connected. The issues of entitlement to service connection for anxiety, bipolar disorder with depression, schizoaffective disorder, and degenerative disc disease are remanded.

The Veteran's death was caused by his service-connected obstructive sleep apnea, which the Board found to be a principal cause of death. Therefore, DIC benefits are granted for the cause of death. The appeal for DIC under 38 U.S.C. § 1318 is dismissed as moot.

The Board has remanded the claims of service connection for right hip condition, sleep apnea, and back condition due to insufficient evidence on the etiology of these conditions.

The Board has determined that more development is necessary prior to final adjudication of the remaining claims, including obtaining new medical examinations and opinions regarding the Veteran's claimed conditions.

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

The Veteran's claim for service connection for recurrent TBI residuals was denied as no evidence of such condition during active service or thereafter. The rating for tinea pedis remains noncompensable due to the use of topical treatment. A total disability rating based on individual unemployability and special monthly compensation at the housebound rate were granted prior to September 15, 2020. Basic eligibility to Dependents' Educational Assistance was established prior to that date.

The Board dismissed the appeal because the September 2020 rating decision did not contain an adverse decision regarding the proposed reductions of the ratings for asthma and lumbosacral strain or a decision on entitlement to an increased rating for hypothyroidism.

The Veteran's obstructive sleep apnea is being remanded for further examination and opinion to determine if it is proximately due to or the result of his service-connected PTSD, obesity, or in-service herbicide exposure.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding whether the Veteran's OSA is aggravated by his service-connected PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to her service-connected conditions, including posttraumatic stress disorder (PTSD), migraines, gastroesophageal reflux disease (GERD), and tinnitus. Therefore, the claim for service connection for obstructive sleep apnea is granted.

The Veteran's appeals for irritable bowel syndrome and obstructive sleep apnea have been dismissed due to the appellant withdrawing his appeals.

The appeal for service connection for obstructive sleep apnea (OSA) is dismissed due to the Veteran's death.

The Board has decided to remand the case due to a lack of medical opinion regarding whether the Veteran's sleep apnea disability is related to service. The Veteran will need to undergo an examination and provide an opinion on this issue.

The Board has granted the Veteran's claim of service connection for Obstructive Sleep Apnea (OSA) as secondary to his service-connected Posttraumatic Stress Disorder (PTSD).

The Board has decided that the Veteran's claim for service connection for sleep apnea should be remanded due to a lack of an adequate opinion and because the PACT Act requires VA to obtain a medical opinion regarding the relationship between the Veteran's sleep apnea and his exposure to burn pit activities during service.