Sleep apnea decisions — 2014

The Veteran's appeal is being remanded to obtain updated VA treatment records and an appropriate VA examination to determine the current nature and severity of his degenerative disk disease of the lumbosacral spine. The TDIU claim will also be addressed.

The Veteran's lumbosacral osteoarthritis with lumbar spinal stenosis does not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Board has remanded the case for further development due to inadequate consideration of lay evidence and a need for an addendum opinion.

The Veteran's service-connected lumbosacral strain does not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's current sleep apnea is related to weight gain due to his service-connected post-traumatic stress disorder (PTSD) with depression, and the Board grants service connection for this condition as secondary to PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD, and thus grants service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection on a direct basis.

The Veteran's claims for extraschedular evaluation of his lumbosacral spine disability, increased rating for right knee arthroplasty, and retroactive effective date for radiculopathy are being remanded due to the need for additional examinations.

The Veteran's combined rating was 80% prior to his death in December 2009, and 90% thereafter. The service-connected disabilities met the percentage requirements for a schedular TDIU, but did not render him unemployable due to their impact on his ability to secure or follow substantially gainful employment.

The Board has determined that the Veteran's sleep disorder and gastrointestinal disability are related to service, with no indication of aggravation by his service-connected conditions.

The Board has remanded this claim due to the inadequacy of a VA examination and for further development.

The Board has determined that the Veteran's sleep apnea had its onset in service and granted service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination to determine if his condition manifested in service or is otherwise related to service.

The Veteran's sleep apnea is found to be related to his service-connected residuals of a fracture of the tip of the nasal bone, and thus granted as secondary.

The Veteran's service-connected disabilities are too numerous and severe to identify a feasible vocational goal, leading to the denial of his VR&E benefits.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity. The arthritis of the lumbosacral spine, when considered with associated radiculopathy, warranted a separate rating for left lower extremity radiculopathy.

The Board has determined that there is no competent or credible evidence linking the Veteran's current obstructive sleep apnea to his military service, specifically his in-service nose fractures. As a result, the claim for service connection for obstructive sleep apnea is denied.

The Board has determined that the Veteran's obstructive sleep apnea is not related to service and was not caused or aggravated by a service-connected condition, specifically gastroesophageal reflux disease (GERD). As such, the claim for service connection for obstructive sleep apnea is denied.

The Board has granted service connection for sleep apnea but denied service connection for diabetes mellitus. Sleep apnea was first diagnosed during active duty, and the Veteran reported symptoms such as snoring and trouble sleeping in service.

The Board has remanded the issues of service connection for sleep apnea and right ear hearing loss, as well as increased ratings for post-traumatic headaches, right ankle sprain and DJD, right knee retropatellar pain syndrome and DJD, lumbar strain with thoracic degenerative disc disease (DDD) and spondylosis, bilateral plantar fasciitis, and increased rating for right wrist ganglion cyst. The appeal is remanded to the AOJ.