Sleep apnea decisions — 2014

The Veteran's appeal was denied for entitlement to increased ratings for bilateral hearing loss, as well as service connection for various joint disorders. The Board found no evidence of exceptional patterns of hearing impairment and concluded that the Veteran did not meet the criteria for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's claim for increased ratings and service connection were denied. The Veteran is entitled to a rating of 40 percent for his low back disability prior to January 25, 2013, but no higher. Service connection was not granted for any of the claimed conditions.

The Veteran's appeal is being remanded to schedule a Travel Board hearing at the Togus, Maine RO. The issues include increased evaluations for left wrist fracture and gastritis, service connection claims for sleep apnea, radiculopathy of the right lower extremity, hypertension, migraines, and weight gain.

The Board has granted service connection for sleep apnea and denied service connection for osteoarthritis of the right thumb. The Veteran's GERD is rated at 30 percent.

The Veteran's TDIU claim is being remanded due to the need for additional medical examinations and a review of her service-connected disabilities, as well as her non-service-connected conditions. The case will be reconsidered based on the new evidence.

The Board has granted service connection for pharyngitis and enlarged tonsils due to aggravation, but denied service connection for sinusitis, sleep apnea, and vision problems secondary to hypertension.

The Board denied the Veteran's claims of service connection for a psychotic disability, sleep apnea, and depressive disorder. The Board found that there was no current diagnosis of a psychotic disability or evidence linking it to military service. For sleep apnea, the VA examiner opined that it is less likely than not related to military service. For depressive disorder, the Veteran's symptoms did not meet the criteria for a 70% rating but were sufficient to deny an increased evaluation.

The Board finds that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected PTSD, depressive disorder, and anxiety disorder.

The Board found that the Veteran's obstructive sleep apnea is not related to service and is not proximately caused by or aggravated (permanently worsened in severity) by his service-connected anxiety disorder and/or degenerative joint disease of the right knee.

The Veteran's disability ratings for herniated nucleus pulposus, L4-L5, with lumbosacral strain and degenerative changes are found to be appropriate under the schedular criteria. The Board has determined that referral for extraschedular consideration is not warranted.

The Board has determined that a VA examination is needed to address the nature and etiology of any current back disorder found to be present, including whether it is at least as likely as not attributable to the Veteran's time on active duty.

The Veteran's claim for service connection for a left eye disability is being remanded due to the need for additional medical opinion and further development of the record.

The Veteran's service-connected disabilities, including his renal cell carcinoma and dysthymia, have rendered him unable to secure or maintain substantially gainful employment since August 1, 2009.

The Veteran's claim for service connection for a lumbosacral spine disability is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran's sleep apnea is found to have had its onset during active duty, and the Board grants service connection for this condition.

The Board has reopened the Veteran's claims for service connection for retinitis pigmentosa and urticaria, but denied them as new and material evidence was not received. The case is remanded to obtain VA treatment records and schedule a VA examination.

The Board has ordered additional development to address whether the Veteran's service-connected left knee disability caused or aggravated his diagnosed lumbosacral strain.

The Board has determined that the Veteran's service-connected bilateral hearing loss warrants a 20 percent rating. The claim for increased tinnitus was withdrawn by the Veteran prior to decision. Service connection for low back disability, headaches, knee disabilities, hypertension, and shoulder disabilities have been established based on continuity of symptomatology since service.

The Veteran's hypertension, chronic obstructive sleep apnea, and erectile dysfunction are being remanded for further development to determine their etiology.

The Veteran's appeal includes claims for service connection, increased ratings, and TDIU. The RO has granted a total disability rating based on individual unemployability effective October 18, 2012.