Sleep apnea decisions — 2015

The Veteran withdrew his appeal for service connection of obstructive sleep apnea.

The Veteran's appeal is being remanded for additional development, including a new VA examination and obtaining outstanding SSA records.

The Veteran's appeal is being remanded for additional development, including obtaining his SSA records and scheduling him for new VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for service connection for sleep apnea and increased ratings for his right shoulder and left shoulder disabilities have been denied. The Board found that the Veteran's sleep disturbance is not a separate disability, but rather a symptom of his shoulder conditions. His right shoulder disability was rated as 20 percent prior to September 25, 2014, and 30 percent from September 25, 2014 onward. The left shoulder disability has been rated at 50 percent since February 1, 2014.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected back disability and determine its impact on his ability to work.

The Veteran has been granted service connection for PTSD, but denied service connection for OSA.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective January 4, 2011. The claim for an increased rating prior to that date has been denied.

The Board found that the Veteran's current sleep apnea is not related to his military service or service-connected PTSD, and denied the claim for service connection.

The Board has remanded the Veteran's claims for additional development, including scheduling a Travel Board hearing on his new and material evidence claim and obtaining VA examination opinions to address the etiology of his currently diagnosed obstructive sleep apnea and sinusitis.

The Veteran's lumbosacral spine and bilateral knee disabilities have been rated at the maximum allowable under VA regulations. The August 6, 2012 rating decision granted a 40 percent rating for lumbosacral spine degenerative disc disease and stenosis effective from that date.

The Board has determined that the Veteran's obstructive sleep apnea first manifested during service and is related to his military service, granting service connection for this condition.

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

The Veteran's appeal is being remanded for further development to determine the nature and etiology of his sleep apnea and any psychiatric disorder, including whether they are related to service.

The Veteran's appeal is being remanded for the purpose of obtaining additional VA treatment records and Social Security Administration (SSA) records. The claims will be readjudicated based on all available evidence.

The Board has determined that the Veteran's current sleep apnea arose in service and granted service connection for this condition. The issue of entitlement to service connection for a right hip injury (also claimed as leg) is remanded due to the lack of issuance of a Statement of the Case.

The Veteran's claim for an effective date prior to September 17, 2013 for the grant of service connection for radiculopathy of the left lower extremity is denied.,The Veteran's claim for a rating in excess of 10 percent for radiculopathy of the left lower extremity is denied.

The Board finds that the evidence is at least in equipoise and concludes that the Veteran's obstructive sleep apnea had its onset during service, thus granting service connection for this condition.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms are related to his military service. The claim of entitlement to service connection for bilateral hearing loss is denied as there is no current disability meeting VA criteria.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of records.

The Board has granted service connection for bilateral knee strain, shoulder strain, shin splints and a skin rash (tinea). The Veteran's hearing loss disability is remanded for further development.