Sleep apnea decisions — 2014

The Veteran's claims for service connection for tinnitus and obstructive sleep apnea are both granted. The Board finds that the evidence supports a finding of in-service noise exposure leading to current disabilities.

The Board has granted an extension of the temporary total disability rating for left shoulder surgery from April 13, 2011 to July 1, 2011. The Veteran's post-operative residuals did not meet or more nearly approximate severe postoperative residuals such as incompletely healed surgical wounds, stumps of recent amputations, application of a body cast, the necessity for house confinement, or the continued use of a wheelchair or crutches (regular weight-bearing prohibited).

The Board has determined that a remand is necessary to obtain additional medical evidence and to schedule the Veteran for an appropriate VA examination. The Veteran's claim will be reconsidered after these actions.

The Board has determined that the Veteran's current diagnosis of narcolepsy is related to his in-service sleep disorder, chronic obstructive sleep apnea. Therefore, service connection for narcolepsy is granted.

The Board has remanded the case for further development due to the Veteran's request for a videoconference hearing.

The Veteran's appeal regarding the issue of an increased rating for bilateral hearing loss has been withdrawn. The Board is dismissing this claim as a result.

The Veteran's service-connected lumbosacral strain was granted a rating of 40 percent effective January 14, 2011. The separate 10 percent rating for left lower extremity radiculopathy prior to January 14, 2011, was denied.

The Board has remanded the claims for service connection for sleep apnea and sleep disturbance due to insufficient medical opinion regarding the etiology of these conditions. The Veteran's claims are being remanded for a supplemental examination and an adequate medical opinion.

The Veteran's sleep apnea is found to have started during his military service and the Board grants service connection for this condition.

The Veteran's service-connected lumbosacral strain with degenerative changes at L4-5 is rated as 10 percent disabling, and her right foot strain is also rated as 10 percent disabling. The ratings are considered appropriate based on the severity of her symptoms.

The Veteran's sleep apnea was found to be incurred as a result of his active service. The Board granted the claim for this condition and assigned a 30% rating.

The Veteran's claim of reopening his sleep apnea service connection was granted, and he is now entitled to service connection for this condition.

The Board has remanded the Veteran's claims for additional development due to insufficient medical opinions regarding his sleep apnea and gout.

The Veteran's lumbosacral strain does not meet the criteria for a rating in excess of 40 percent, and his service-connected disabilities do not preclude substantially gainful employment.

The Board has determined that the Veteran's claims for service connection have been denied. The appeals are remanded to further develop and consider these claims.

The Board has determined that the Veteran's service-connected PTSD with a history of bipolar disorder, along with his other conditions, warrants an increased disability rating and TDIU from October 28, 1993 to June 3, 2008. The Veteran also received SMC based on need for aid and attendance or being housebound.

The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected dysthymic disorder and thus granted service connection for this condition. The decision regarding obstructive sleep apnea was denied as there is no evidence of its onset in service or a link to service.

The Veteran's sleep apnea is being remanded for further development to determine if it is related to her service or her service-connected major depressive disorder.

The Veteran's widow is granted accrued benefits for service connection of obstructive sleep apnea as secondary to his service-connected amyotrophic lateral sclerosis.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected lumbar spine degenerative disc disease, finding that the current diagnosis of complex sleep apnea is at least as likely as not caused by the sedatives and pain medications he takes for his back disability.