Sleep apnea decisions — 2014

The Veteran's appeals for service connection and increased rating have been withdrawn. The Board has also determined that the Veteran is entitled to a 40 percent disability rating for his urethra stricture, chronic urethritis.

The Veteran's appeal for service connection for bilateral hearing loss has been withdrawn. The case is being remanded to obtain additional medical opinions regarding the Veteran's back disability and sleep apnea.

The Veteran's claims for an increased evaluation for lumbosacral strain and TDIU were denied. The Board found that the reduction in disability rating from 40 percent to 20 percent was improper, but did not find evidence of a worsening condition or new evidence warranting reopening of his claim.

The Board found that the Veteran's current diagnosis of obstructive sleep apnea was not incurred or aggravated by military service.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's obstructive sleep apnea is not service connected as it did not manifest during service or due to a service-connected disability, including sinusitis, allergic rhinitis and vernal conjunctivitis.

The Veteran's service-connected disabilities have rendered him incapable of obtaining or maintaining substantially gainful employment, and the Board has granted a TDIU from November 18, 2010.

The Board denied the Veteran's claims for service connection for various conditions, including radiculopathy of the lower extremities, right carpal tunnel syndrome, obstructive sleep apnea, and a cervical spine disorder. The decision also addressed his claim for PTSD based on fear of hostile military activity due to his Gulf War service.

The Veteran's sleep apnea requires the use of a breathing assistance device (CPAP machine). However, there is no evidence showing chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor does he require a tracheostomy. Therefore, an initial evaluation in excess of 50 percent for service-connected sleep apnea has not been met.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues include claims for initial ratings and service connection.

The Veteran's claim for an earlier effective date for a temporary total rating under 38 C.F.R. § 4.30 is denied as the award was granted on March 13, 2009, when he was admitted to a VA medical facility for surgery.

The Veteran's appeal is remanded because it is inextricably intertwined with an issue that has not yet been adjudicated. The effective date of service connection for obstructive sleep apnea must be reviewed, but the decision may be rendered moot if clear and unmistakable error (CUE) in a 1999 rating decision is found.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded to allow for a VA examination and further development of the record.

The Veteran's claim for service connection for a lumbosacral spine disability, including the status post microdiscectomy, is being remanded due to incomplete records and need for further examination.

The Veteran's appeal regarding his lumbosacral strain disability was denied, with the Board finding that a higher rating or an earlier effective date were not warranted.

The Veteran's claims for service connection for left upper extremity radiculopathy, neuropathy, or carpal tunnel syndrome, hypertension, and sleep apnea have been denied. The January 2014 VA examination indicated that the Veteran does not currently have these conditions.

The Veteran's lumbar strain was evaluated at 20 percent from November 1, 2008 to June 28, 2014 and increased to 40 percent thereafter. The claim is denied as the evidence does not support a higher evaluation.

The Board has determined that the Veteran's sleep apnea is related to his active duty service and grants his claim for service connection.

The Board denied the Veteran's claims for service connection for various conditions, including hallux valgus of both feet, diabetes mellitus type 2, headaches, reactive airway disease, and sleep apnea. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims, and that the Veteran's conditions were not related to his active service or any service-connected disabilities.

The Board found that the Veteran's sleep apnea was not incurred or aggravated during active service and is not caused or aggravated by a service-connected disorder or combination of service-connected disorders.