Sleep apnea decisions — 2013

The Board has reopened the claim for service connection for post-operative left knee internal derangement residuals due to receipt of new and material evidence. The claims for headaches, tinnitus, right ear hearing loss, left ear hearing loss, sleep apnea, and PTSD are all granted.

The Veteran's appeal is being remanded for additional development, including a personal hearing before the Board of Veterans' Appeals.

The VA denied service connection for obstructive sleep apnea, finding no in-service incurrence and insufficient evidence linking it to presumed herbicide exposure. The Board also found no secondary service connection based on the Veteran's service-connected PTSD.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's bilateral hip disorder is aggravated by his service-connected back disability. The claim will be returned for further development.

The Veteran's claim for an effective date prior to June 10, 2003, for the grant of TDIU was denied as there is no evidence showing a factual increase in disability within one year prior to that date.

The Board has remanded the case for additional development, including scheduling a VA examination to determine if the Veteran's sleep apnea is related to his service-connected disabilities or otherwise due to military service.

The Veteran's psoriatic arthropathy of the lumbosacral spine is rated at 40 percent from June 16, 1998 to April 7, 1999. From August 30, 2002, a 100 percent rating for psoriasis with psoriatic arthropathy of the lumbosacral spine is granted.

The Board has determined that further development is needed before deciding the Veteran's claim for a rating in excess of 20 percent for arthritis of the lumbosacral spine with bilateral radiculopathy.,Regarding the issue of service connection for a sleep disorder (including sleep apnea), the evidence does not support finding that it is caused or aggravated by his service-connected disabilities.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's sleep apnea, including whether it was caused by or permanently aggravated by his service-connected PTSD.

The Board has remanded the claims of service connection for schizophrenia and depression, hypertension, erectile dysfunction, and sleep apnea due to internal inconsistencies in the psychiatric examination. The claim of service connection for PTSD is also remanded for a new VA examination.

The Veteran's appeal was denied for all issues, including service connection and increased rating claims.

The Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine was denied as there is no evidence of unfavorable ankylosis, which would warrant a higher rating.

The Board has decided that the Veteran's claims for service connection for diabetes mellitus, hypertension, Parkinson's disease, and sleep apnea are remanded due to a lack of evidence regarding herbicide exposure in Vietnam.

The Board has granted service connection for a sleep disorder other than sleep apnea, to include insomnia. The maximum benefit sought on appeal has been granted.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and review of his service-connected disabilities in combination.

The Veteran's lumbar spine disability and associated radiculopathy of the right lower extremity are rated at 20 percent, effective from December 4, 2012.

The Veteran's lumbosacral strain with degenerative joint disease has been evaluated at a 20 percent rating since November 22, 2011. The Board found that the evidence did not support an evaluation in excess of this amount.

The Board has determined that additional development is needed to obtain private treatment records and VA treatment records for the Veteran's lumbosacral disability and sleep apnea. The claims are being remanded for this purpose.

The Board has determined that the Veteran's sleep apnea is causally related to his active service and grants entitlement to service connection for this condition.

The Veteran has withdrawn his appeals regarding the issues of service connection for a lung disorder and obstructive sleep apnea. The Board does not have jurisdiction to review these appeals as they are dismissed.