Sleep apnea decisions — 2014

The Board has remanded the case for additional development, including examinations and further adjudication of issues related to service connection and TDIU.

The Veteran's initial ratings for left ankle sprain and left patellofemoral pain syndrome were denied as his conditions did not meet the criteria for a compensable rating.

The Board denied service connection for sleep apnea, finding that it is not related to military service or service-connected asthma. The Veteran's right knee condition was granted a rating of 10 percent.

The Board has determined that the Veteran's claims for service connection for COPD and sleep apnea due to asbestos exposure are denied as there is no competent evidence linking these conditions to his military service.

The Board finds that the Veteran does not have a current disability of the bilateral knees. The preponderance of evidence shows no diagnosed knee condition related to service.

The Veteran's appeal is being remanded for additional development of her asthma, pes planus, and sleep apnea claims. The VA will seek to obtain all relevant medical records and schedule the Veteran for examinations to determine the current severity of these conditions.

The Board has granted service connection for hyposmia (loss of sense of smell) and sleep apnea, finding that the Veteran's rhinitis caused or aggravated these conditions. The headaches issue is remanded for further development.

The Board has determined that the Veteran's service connection claim for sleep apnea should be remanded to obtain a VA examination and opinion regarding the etiology of his condition.

The Veteran's lumbosacral strain was rated at 20 percent from May 29, 2009 to May 23, 2010. From May 24, 2010 to May 21, 2013, the rating was increased to 20 percent due to additional limitation of function during flare-ups.,The Veteran's right shoulder strain was rated at 10 percent from May 29, 2009. The effective date for a 40 percent rating for lumbosacral strain is May 22, 2013.

The Board finds that none of the claimed disabilities are related to service, and thus service connection is denied for all issues.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Veteran and his representative have withdrawn their appeals regarding the reopening of a tinnitus claim and service connection for sleep apnea. As such, the issues are dismissed.

The Veteran's appeals for service connection for high cholesterol, sleep apnea, night sweats, PTSD, an acquired psychiatric disability (including major depressive disorder), fibromyalgia, and a bilateral leg disability have been dismissed due to the Veteran's request for withdrawal. The claims for a bilateral foot disability are not on appeal.

The Veteran's currently diagnosed obstructive sleep apnea is as likely as not related to his military service, and the Board has granted service connection for this condition.

The Veteran's claims for increased ratings for PTSD and lumbosacral strain are being remanded due to the need for additional development, including obtaining SSA records and VA treatment records.

The Board finds that the Veteran's current back disorders are not related to service and therefore denies service connection for a back disorder.

The Veteran's sleep apnea is found to be causally related to his active service, and the claim for service connection is granted.

The Board has remanded the case for additional development due to inadequate VA examinations and unclear diagnoses. The Veteran's claims for service connection are pending.

The Veteran's low back disability was rated at 10 percent prior to May 26, 2010 and increased to 20 percent effective May 26, 2010. The appeal is denied as the current ratings do not meet the criteria for a higher rating.

The Veteran has withdrawn his appeals for increased ratings related to PTSD, TBI with chronic headaches, and lumbosacral strain. The Board finds that the withdrawal is valid.