Sleep apnea Board decisions

The Board has remanded the Veteran's claims for gastrointestinal, lumbar spine, cervical spine and hemorrhoids disabilities due to incomplete service department records and inadequate VA examinations. The AOJ is instructed to obtain complete service treatment records and schedule VA examinations to address the etiology of these conditions.

The Veteran's proposed reduction in the rating for lumbosacral strain from 40 percent to 10 percent was dismissed as her appeal was withdrawn.

The Board has remanded the claims of service connection for obstructive sleep apnea, eczematous dermatitis, and hemorrhoids due to duty-to-assist errors. The Veteran's left ankle sprain claim is denied as there is no evidence of an earlier effective date.

The Veteran's sleep apnea was found to have started during his active service, and the claim for service connection is granted.

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 opinion provided by Dr. J.C., a licensed clinical psychologist, supports this finding.

The Veteran's claim for service connection for lumbosacral strain, left lower extremity radiculopathy, and a scar was granted with an effective date of November 29, 2018.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is remanded due to procedural errors and the need for a new medical opinion regarding the relationship between his OSA, his service-connected GERD, and presumed exposure to contaminated water at Camp Lejeune.

The Board has dismissed the appeals for PTSD, obstructive sleep apnea, acne, and erectile dysfunction as the appellant withdrew his appeal with respect to these issues.

The Veteran's initial rating for obstructive sleep apnea and PTSD with dysthymic disorder were denied. However, he was granted a total disability rating based on individual unemployability.

The Veteran's combined rating for service-connected disabilities was calculated correctly at 60 percent. The appeal is dismissed as the decision to calculate the combined rating was not final when the Veteran appealed it.

The Board has determined that there is at least a 50% chance (equipoise) that the Veteran's obstructive sleep apnea was caused by his service-connected bilateral knee disabilities, with obesity as an intermediate step. Therefore, service connection for this condition is granted.

The Board has remanded the case due to a lack of a VA examination for service connection of obstructive sleep apnea, which is currently diagnosed. The Veteran claims that his sleep apnea manifested in service and submitted buddy statements supporting this claim.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected lumbosacral strain, with obesity as an intermediate step. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's lumbosacral strain was rated at 10% from August 5, 2019. The claim for a higher rating was filed on May 22, 2020, and the Board found that the effective date should be set to May 22, 2020, as this is when the Veteran first submitted a claim for an increased rating.

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

The Board has granted service connection for right knee strain and denied service connection for hypertension, OSA, cervical spine arthritis, left shoulder arthritis, and lumbar spine arthritis. The Veteran's right knee strain is found to be related to his in-service symptoms and post-service treatment. However, the Board determined that there was no nexus between the current diagnosis of hypertension and the elevated blood pressure readings during service.

The Veteran's appeal for an earlier effective date for service connection for Posttraumatic Stress Disorder was denied. The appeal for an earlier effective date for the disability rating of Steroid Rosacea was dismissed.,The Veteran did not timely file a Notice of Disagreement within one year from the issuance of a decision regarding his claim for PTSD, and good cause has not been shown to extend this period.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it began during active service and resolving reasonable doubt in favor of the Veteran.

The Board has determined that the Veteran's claims for service connection for cardiomyopathy with atrial fibrillation and obstructive sleep apnea, to include as secondary to a heart disability, require further development due to duty-to-assist errors. Specifically, additional evidence of exposure to toxic hazardous substances during active-duty service is needed, along with a VA examination to address the etiology of these conditions.

The Board has granted a revision of the April 6, 2021 decision to reflect an earlier effective date of February 5, 2012 for the grant of individual unemployability due to service-connected disability (TDIU). The Veteran's TDIU claim was inferred during the course of his appeal for service connection claims.