Sleep apnea Board decisions

The Veteran's sleep apnea is found to be secondary to their service-connected PTSD, fibromyalgia, and left knee patellofemoral pain syndrome. Service connection for this condition has been granted.

The Veteran's claim for an earlier effective date for a higher rating of lumbosacral strain is granted. The Board finds that the earliest possible effective date is May 9, 2019, but no earlier, as this was within one year of his April 2020 VA Form 20-0995 submission. For the cervical spine disability and associated radiculopathy claims, the AOJ must obtain additional medical opinions to address the etiology of these conditions.

The Veteran's SMC P-2 award is restored effective January 31, 2020. The rating decision proposing a reduction in his SMC was found to have made CUE and thus the restoration of his SMC P-2 award is granted.

The Board has determined that the Veteran's obstructive sleep apnea is likely to have started during his active duty service, and thus grants service connection for this condition.

The Board has remanded the claim for service connection for obstructive sleep apnea (OSA) due to a lack of an adequate medical opinion regarding direct service connection. The AOJ will obtain a new VA examination and medical opinion to address whether OSA is related to the Veteran's Gulf War service, as well as any potential secondary relationship with his service-connected PTSD.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to incomplete medical opinions and regulatory duty to assist errors.

The Veteran's request for a total disability rating based on individual unemployability due to service-connected disabilities is granted. The proposed reduction of his migraine rating from 30% to 0% is dismissed.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and is therefore granted service connection.

The Board has remanded the case due to a lack of a medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his military service and toxic exposure. The VA must obtain an updated medical opinion addressing these issues.

The Veteran's sleep apnea is found to have begun in service and has been continuous since then, meeting the criteria for service connection.

The Board has granted service connection for right leg varicose veins, generalized anxiety disorder (previously claimed as anxiety/depression), and lumbosacral strain with effective dates of June 29, 2020.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as the earliest evidence of suspected OSA is from February 2021, which is earlier than the date of claim (July 20, 2021).

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, including obesity and weight gain.

The Veteran's claims for service connection and earlier effective dates have been granted, with the awards of lumbosacral strain, radiculopathy of the left lower extremity, allergic rhinitis, tinnitus, nephrolithiasis, and major depressive disorder being effective September 15, 2017. The claim for an earlier effective date for service connection for major depressive disorder was denied.

The Veteran's lumbosacral facet hypertrophy with degenerative disc disease is granted an effective date of October 30, 2019 for a 40 percent rating.

The Board has determined that the Veteran's OSA may have been present during service or is related to his active-duty service, and also considers whether it is caused by or aggravated by his service-connected chronic sinusitis or other specified trauma and stressor related disorder. The case is being remanded for further examination and opinion.

The Board has decided to remand the case due to errors in considering whether the Veteran's sleep apnea is related to his service-connected back and bilateral feet disorders with obesity as an intermediate step.

The Board has reviewed the Veteran's claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea, but finds that new and relevant evidence has not been submitted to warrant readjudication.

The Veteran's claims for service connection are remanded due to inadequate medical nexus opinions provided by the VA in July 2020. The Board finds that further examination and opinion are needed to determine if his current disabilities were caused or aggravated by his active-duty service.

The Board denied the Veteran's claim for service connection for Obstructive Sleep Apnea as new and relevant evidence had not been received, despite the submission of updated treatment records.