Sleep apnea decisions — 2015

The Board has determined that the Veteran's sleep apnea is not etiologically related to service and therefore denied his claim for service connection.

The Board is remanding the case for further development to determine if the Veteran's sleep apnea was incurred in service or caused by his service-connected disabilities, and to secure any outstanding VA treatment records.

The Veteran's appeal is being remanded for additional examinations to determine the current severity of his service-connected lumbosacral strain with degenerative disease and arthritis of the right knee.

The Board found that the Veteran's lumbosacral strain did not meet or approximate the criteria for a rating higher than 10 percent prior to December 3, 2012.

The Veteran's claims for service connection for PTSD, right shoulder disability, cervical spine disability, bilateral hearing loss, sleep apnea, migraine headaches, and gastrointestinal disability have been denied.,New evidence has reopened the claims for service connection for right shoulder and cervical spine disabilities.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and conducting medical examinations to address the issues on appeal.

The Veteran's appeal is being remanded due to a request for a Travel Board or videoconference hearing. The service connection and rating issues related to sleep apnea and PTSD are still pending.

The Board has remanded the case for additional development, including obtaining VA treatment records and medical opinions on the Veteran's hearing loss and sleep apnea.

The Veteran's service-connected disabilities did not prevent him from obtaining or retaining substantially gainful employment prior to July 15, 2015.

The Veteran's service connection claims for respiratory disorder, throat disorder, disabilities of the bilateral upper extremities, and obstructive sleep apnea have been granted. The Veteran is also entitled to a 30 percent rating for his obstructive sleep apnea from October 25, 2006 to October 1, 2008.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, and his right foot drop, sciatica, and sciatic sensory radiculopathy are currently rated at 10 percent prior to January 23, 2015, and 20 percent since that date. The Veteran's appeal for higher ratings has been denied.

The Veteran's service connection for peripheral neuropathy and lumbosacral strain has been granted, with the effective date set at March 18, 1972. The issue of an initial evaluation remains pending.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is not related to his active service and arthritis did not manifest within one year of separation from active service. Therefore, the claim for service connection is denied.

The Veteran's claim for sleep apnea is being remanded due to incomplete medical records and the need for a comprehensive examination, including Gulf War and psychiatric evaluations. The appeal will be re-adjudicated after these steps are completed.

The Veteran's lumbar strain was evaluated as 10 percent disabling prior to March 19, 2015 and increased to 20 percent thereafter. The Board found that an evaluation in excess of 10 percent for the Veteran's lumbar strain prior to March 19, 2015 is not warranted.

The Board has remanded the case for further development, including scheduling a hearing at the RO.

The Veteran's lumbosacral disc disease and right knee degenerative joint disease are rated at 40 percent each, effective from the date of the decision.

The Veteran's acquired psychiatric disorder, including anxiety and panic disorder with agoraphobia, is found to be caused by his service-connected residuals of multiple herniorrhaphies and malrotation repair. The Board has also determined that the Veteran's sleep problems are related to his service-connected disabilities.

The Veteran's appeal is being remanded to obtain additional evidence and conduct further examinations. The issues of service connection for sleep apnea, PTSD rating, and TDIU are currently under review.

The Veteran's appeals for service connection and increased ratings have been withdrawn. The Board has granted service connection for TMJ, but denied the remaining claims.