Sleep apnea Board decisions

The Veteran's appeals for increased disability ratings and service connection were dismissed due to the filing of a Decision Review Request (NOD) in July 2021, which was not addressed by the AOJ decision in March 2021.

The Board has determined that the previous decision on appeal is flawed due to inadequate medical opinions and duty-to-assist errors. The case is being remanded for further evaluation of the Veteran's claim for service connection for obstructive sleep apnea, including consideration of secondary service connection.

The Board has granted service connection for acquired psychiatric disorder (claimed as PTSD) due to MST and remanded the issue of service connection for OSA.

The Board has decided to remand the case due to inadequate medical opinion regarding the relationship between the Veteran's lumbosacral strain and service. The Veteran is seeking service connection for his back injury, which he claims occurred during active duty.

The Board has decided to remand the case due to insufficient VA opinions regarding whether the Veteran's service-connected disabilities caused or aggravated his obstructive sleep apnea.

The Veteran's initial claim for a 50 percent rating for obstructive sleep apnea (OSA) is granted, with the condition requiring use of a breathing assistance device such as CPAP machine. The Board finds that there is no evidence to support a higher rating due to chronic respiratory failure or cor pulmonale.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected posttraumatic stress disorder (PTSD). The decision is based on a private medical opinion that found the OSA was at least as likely as not aggravated by PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to his military service, and thus grants service connection for OSA.

The Veteran's sleep apnea disability was rated at 50% effective June 22, 2021. The Board found that the criteria for a 50% rating were met as of October 19, 2020, and granted an earlier effective date to this rating.

The Board has granted service connection for obstructive sleep apnea on a secondary basis, finding that it is due to or aggravated by the Veteran's service-connected lumbar spine intervertebral disc syndrome and bilateral hip disabilities.

The Veteran's claim for a compensable evaluation for bilateral hearing loss has been denied. The Board finds the evidence does not support a higher rating based on current audiometric test results.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no link between his current diagnosis and either his service or a service-connected disability.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected back disability, finding that the muscle relaxants used for his back condition aggravate his OSA.

The Veteran's claims for service connection for obstructive sleep apnea and TDIU are remanded due to the need for additional medical opinions regarding the relationship between his current condition and his service-connected conditions.

The Board has granted earlier effective dates of January 11, 2021 for the grant of service connection for various disabilities including an acquired psychiatric disorder and multiple musculoskeletal and neurological conditions.

The Board has determined that the previous decision did not adequately address the Veteran's claims for service connection for obstructive sleep apnea, specifically whether it is related to toxic exposures in service or secondary to his service-connected PTSD with major depressive disorder. The case is being remanded for further development and consideration.

The Board has decided to remand the case due to inadequate medical opinions regarding whether the Veteran's service-connected PTSD and thoracic spine disabilities caused his OSA. The case will be returned for further evaluation.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claim for an asbestos-related respiratory condition. The claim for service connection for a pituitary tumor is denied as there is no new and relevant evidence presented.

The Board has determined that a remand is needed to obtain an addendum opinion regarding the relationship between the Veteran's service-connected PTSD and his obstructive sleep apnea, as well as whether obesity was a substantial factor in causing the diagnosed condition.

The Veteran's sleep apnea is related to her service in Kuwait, but a medical opinion is needed to determine if it is secondary to toxic exposure risk activities (TERA) or her service-connected lumbar spine strain and/or right knee degenerative joint arthritis.