Sleep apnea Board decisions

The Board has remanded the claims for service connection due to duty-to-assist errors and new evidence submitted by the Veteran. The claims will be reconsidered with consideration of potential exposure at Fort Eustis and Johnston Atoll.

The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new evidence that may support his claim. The Board finds that a new medical opinion is needed to determine if the Veteran's current sleep apnea had its onset during active service or is related to in-service symptoms.

Service connection for diabetes mellitus type II (DM II) is granted. Service connection for an acquired psychiatric disorder, to include unspecified depressive disorder; a vision disorder; and obstructive sleep apnea (OSA) are remanded.

The Board denied the Veteran's request for an earlier effective date of September 4, 2020, for a 100% disability rating for partial hemidiaphragmatic paralysis with obstructive sleep apnea. The decision found that no claim for service connection for sleep apnea was raised prior to September 4, 2020.

The Board has denied the Veteran's claim for service connection for a left ankle disability due to lack of current diagnosis.,All other claims on appeal are remanded as there is a duty to assist error in obtaining opinions prior to the May 2019 rating decision.

The Veteran's service-connected disabilities rendered him unable to secure or maintain substantially gainful employment as of November 27, 2020. An effective date of November 27, 2020 is granted for the assignment of a total disability rating based on individual unemployability (TDIU).

The Veteran's lumbosacral strain is currently rated at 10 percent, and the Board has decided to remand the case for a new VA examination to determine the appropriate rating.

The Board has decided to remand the Veteran's claims for service connection for headaches and sleep apnea due to insufficient evidence regarding the causal relationship between these conditions and his military service. The RO is instructed to provide a VA examination to address these issues.

The Veteran's sleep apnea is at least as likely as not caused or aggravated by his service-connected diabetes mellitus type II with hypertension and diabetic nephropathy.

The Veteran's left knee degenerative arthritis is granted as secondary to his service-connected right knee disability. The Board finds the Veteran's sleep apnea claim must be remanded due to inadequate opinions.

The Board has determined that new evidence received since the October 2021 decision supports reopening of the claim for service connection for sleep apnea, to include as secondary to PTSD. The case is remanded for a new VA examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's degenerative disc disease and lumbosacral strain are found to be at least as likely as not related to his in-service back injury, leading to the grant of service connection.

The Board has remanded the Veteran's claims for cervical and lumbosacral strain as there are insufficient nexus opinions provided by VA examiners.

The Veteran's claims for service connection for various conditions have been denied. The Board has found that the Veteran does not have current diagnoses of sinusitis, bilateral hearing loss, plantar fascitis, erectile dysfunction, hypertension, chronic bronchitis, left knee strain, right knee strain, lumbosacral strain, pes planus, or leg length discrepancy.,The Veteran's claims for service connection are remanded to allow for further examination and opinion regarding the etiology of his claimed conditions.

The Veteran's right shoulder strain and lumbosacral strain are not service-connected, but his allergic rhinitis is granted on a presumptive basis due to exposure in the Southwest Asia theater of operations.

The Board has determined that the Veteran's service-connected bilateral plantar fasciitis with pes planus caused him to become obese, which was a substantial factor in causing his obstructive sleep apnea. Therefore, the claim for secondary service connection for obstructive sleep apnea is granted.

The Veteran's obstructive sleep apnea is aggravated by his service-connected right knee strain, and the Board has granted secondary service connection for this condition.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his right knee disability, including with obesity as an intermediate step. The VA examiners found that the Veteran's right knee disability did not cause him to become obese and that obesity was not a substantial factor in causing his OSA.

The Veteran's claim for service connection and an increased rating of 20 percent for lumbosacral strain with degenerative arthritis of the lumbar spine is effective January 5, 2018.

The Board has determined that the VA decision on appeal is not complete and requires additional evidence to make a determination. The Veteran's service-connected left knee disabilities are found to have caused or aggravated his obesity, which in turn led to his current OSA.