Sleep apnea Board decisions

The Veteran's claims for earlier effective dates prior to October 14, 2020, for service connection were denied as the new evidence received after the November 2012 rating decision was not relevant to his claim.

The Veteran's service connection claims for low back disability and right shoulder disability have been reopened due to the submission of new evidence. The claims are now remanded for further development.,New evidence has been submitted that suggests current diagnoses of low back disability and right shoulder disability, but these need to be confirmed by VA examination.

The Veteran's lumbosacral strain with degenerative disc and joint disease, left femoral nerve radiculopathy, right femoral nerve radiculopathy, right sciatic nerve radiculopathy, and left sciatic nerve radiculopathy have been granted initial disability ratings. The appeal is remanded for further consideration of the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Board has determined that the Veteran's claims for service connection have not been readjudicated due to lack of new and relevant evidence. The claims for bilateral hearing loss, an acquired psychiatric disorder including generalized anxiety disorder with persistent depressive disorder and phobic anxiety disorder, and sleep apnea are remanded as there is a duty to obtain additional medical opinions that address the onset and relationship of these conditions to service.

The Board has denied the Veteran's claims for higher ratings and earlier effective dates for his bilateral knee osteoarthritis, lumbar spine degenerative arthritis, and left ankle strain. The criteria for a rating in excess of 10 percent have not been met for any of these conditions.

The Veteran's claims for increased ratings and service connection are being remanded due to procedural errors in the initial rating decisions. The Board is unable to review evidence submitted after the RO's Rating Decision on appeal, but will consider it during the remand process.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, leading to the grant of TDIU.

The Board has decided to remand the case due to incomplete opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected hypertension.

The Veteran's Obstructive Sleep Apnea is granted as service connected, and the TDIU claim is remanded due to its inextricability with the OSA claim.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not due to or aggravated by his service-connected PTSD, right knee strain, left knee strain, and right ankle sprain, including resulting weight gain. The decision also acknowledges that the Veteran's service-connected disabilities are risk factors for weight gain.

The Veteran's appeal includes service connection for a sleep disorder, including insomnia and obstructive sleep apnea. The Board finds remand necessary to determine whether these conditions are separate from her service-connected adjustment disorder with mixed anxiety and depressed mood associated with fibromyalgia with fatigue.

The Veteran's sleep apnea is rated at a 50 percent initial rating, effective May 4, 2017. The Board found the evidence insufficient to establish baseline severity prior to aggravation by PTSD.

The Veteran's appeal for service connection of sleep apnea has been dismissed due to their death during the pendency of the appeal.

The Veteran's right hand tremor was denied an increased rating, with the Board finding that the evidence did not show a gap of more than two inches between the thumb pad and the fingers.,Service connection for obstructive sleep apnea is remanded due to the need for a VA examination and medical opinion regarding potential service connection based on toxic exposure risk activities (TERA).,Service connection for a pelvic disorder, other than right and left hip disorders, is also remanded as there are no adequate opinions within the evidence window.

The Board has decided to remand the cases for further examination and opinion regarding service connection for heel pain, hypertension, and obstructive sleep apnea (OSA).

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

The Board has decided to remand the case due to a duty to assist error, and will need an updated medical opinion regarding whether the Veteran's current obstructive sleep apnea is related to his service.

The Veteran's effective date for a 50% disability rating for obstructive sleep apnea is granted as of April 1, 2020, the day after her separation from service.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since June 3, 2019.,TDIU is granted from June 3, 2019. The appeal for TDIU from October 9, 2018 to June 3, 2019 is remanded.

The Board has remanded the case due to a lack of VA examination and medical opinion regarding the Veteran's claim for service connection for sleep apnea and insomnia. The Veteran contends he experienced these conditions during military service, but there is no evidence in his service treatment records or VA treatment records indicating such issues.