Sleep apnea Board decisions

The Board has determined that there were pre-decisional errors in the VA's handling of the Veteran's claim for service connection for obstructive sleep apnea (OSA). The claims file was not reviewed adequately, and necessary evidence was not obtained. Therefore, the case is being remanded to obtain a new opinion from an appropriately qualified clinician.

The Board has granted service connection for obstructive sleep apnea and gastroesophageal reflux disease (GERD) as secondary to the Veteran's service-connected disabilities.

The Board denied service connection for a right shoulder condition and undiagnosed sleep apnea symptoms, finding no current disability diagnoses in the record.

The Board has granted service connection for lumbosacral strain with degenerative arthritis, thoracolumbar degenerative disc disease, left knee strain with joint osteoarthritis, and right knee strain with joint osteoarthritis as secondary to the Veteran's service-connected pes planus and plantar fasciitis.

The Board has granted service connection for left knee degenerative arthritis, right knee meniscal tear, lumbosacral spine degenerative joint and disc disease (lumbar spine disability), and cervical spine degenerative disc disease with degenerative arthritis.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea as secondary to PTSD should be remanded due to inadequate medical opinions and a duty to assist error.

The Board has determined that the Veteran's obstructive sleep apnea began during his active service and granted his claim for service connection.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected disabilities, including major depressive disorder, asthma, and left knee disorder.

The Veteran's claim for service connection for obstructive sleep apnea was denied due to a VA examiner finding no nexus between his service-connected sinusitis and the development of OSA. The Board has now remanded the case for further examination and opinion regarding whether OSA is aggravated by his service-connected sinusitis, as well as for consideration of potential toxic exposure risk activities (TERA).

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that her symptoms began during active military service and are related to her current diagnosis.

The Board has decided to remand the case due to errors in obtaining an addendum opinion and potential toxic exposure records. The Veteran's sleep apnea is being considered secondary to his service-connected PTSD with alcohol use disorder, but further clarification on obesity as a factor is needed.

The Board has determined that the Veteran's claims for service connection for sleep apnea, rhinitis, bilateral foot disability (plantar fasciitis), and gastrointestinal disorder (IBS) are denied due to lack of evidence supporting a current disability or relationship to service. The claims have been remanded for further development.,The Board has also determined that the Veteran's claims for service connection for sleep apnea, rhinitis, bilateral foot disability (plantar fasciitis), and gastrointestinal disorder (IBS) are denied due to lack of evidence supporting a current disability or relationship to service. The claims have been remanded for further development.

The Veteran's claims for increased disability ratings and effective dates are being remanded due to the need for additional medical examinations.

The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.

The Veteran's right foot arthritis, OSA, and right foot metatarsalgia have been granted service connection.,Effective August 23, 2018, the Veteran is receiving a 50% rating for OSA and a 10% rating for right foot metatarsalgia. The effective date for these awards is also August 23, 2018.

The Board has denied the Veteran's claims for service connection for right leg pain and a right ankle condition, chronic pain in the left hip and leg, IBS, and seborrheic dermatitis. The claim for headaches was granted.

The Veteran's sleep apnea is being remanded due to duty-to-assist errors and the need for a VA examination to determine if it is related to his service-connected PTSD or any other condition, including toxic exposure from active service.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his already service-connected posttraumatic stress disorder.

An effective date of June 16, 2020, but no earlier, for the award of a 60 percent disability rating for gastroesophageal reflux disease (GERD) is granted.,An effective date of June 16, 2020, but no earlier, for the award of a 100 percent disability rating for asthma with obstructive sleep apnea and restrictive lung disease is granted.

The Board has decided to remand the claim of service connection for sleep apnea due to insufficient evidence regarding when the Veteran's symptoms began and whether they were related to his active military service. Further development is needed.