Sleep apnea decisions — 2015

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has granted service connection for sleep apnea and left ear hearing loss, as well as reopened the claims for these conditions. The Veteran's current symptoms of snoring, gasping or choking during sleep, restless sleep, large neck size, sexual dysfunction, high blood pressure, and obesity are considered to be related to his active service.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the release of private medical records. The claims for increased rating and TDIU are inextricably intertwined.

The Veteran's lung condition and sleep apnea are being remanded for additional development as the Board does not have the medical expertise to determine their etiology. The claims will be reviewed again after this development.

The Board found that the Veteran's current lumbar spine condition is not related to his active military service and denied his claim for service connection.

The Board has determined that sleep apnea is etiologically related to the Veteran's service-connected sinusitis, and thus grants service connection for sleep apnea.

The Veteran's sleep apnea is found to be caused or aggravated by his service-connected disabilities, including his foot and ankle conditions.

The Board has decided to remand the case for additional development, including obtaining updated VA and private treatment records, arranging a sleep apnea examination, and providing a supplemental statement of the case.

The Board has remanded the case for further development, including referral to the Under Secretary for Benefits or Director of Compensation and Pension Service for consideration of an extraschedular rating for service-connected radiculopathy of the right lower extremity secondary to a lumbar spine disability.

The Board has reopened the Veteran's claims of service connection for an acquired psychiatric disorder manifested by memory loss and sleep apnea, finding that new and material evidence has been submitted. The Board then granted service connection for both conditions as they are considered direct service connections based on in-service onset.

The Board has determined that the Veteran's tinnitus began in service and is related to noise exposure, thus granting service connection for tinnitus. The claim for sleep apnea will be remanded as there are insufficient medical opinions regarding its onset or relationship to service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeals for increased disability ratings have been dismissed as he has withdrawn his claims.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and VA examination reports.

The Board has determined that the Veteran did not experience any in-service event, injury, or disease related to his sleep apnea and benign prostatic hypertrophy. Therefore, service connection for these conditions is denied.

The Board dismissed the Veteran's claims regarding an earlier effective date for PTSD and service connection of sleep apnea. The issues were addressed in a November 2003 dismissal, which was not appealed by the Veteran.

The Veteran's appeal of the issues of service connection for obstructive sleep apnea and an initial compensable evaluation for bilateral hearing loss disability has been withdrawn.

The Veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease resulted in forward flexion limited to 40 degrees, but without ankylosis or physician-prescribed bed rest. The Board found the evidence did not meet the criteria for a schedular disability rating in excess of 40 percent.

The Veteran's service-connected disabilities, including his low back disorder and radiculopathy of the lower extremities, meet the criteria for a TDIU as of September 17, 2012. The case is remanded to determine if all forms of employment are precluded due to these conditions.

The Veteran's appeal for an effective date earlier than October 20, 2009 for the award of a 40 percent rating for lumbosacral strain is dismissed as it has been addressed by previous Board decisions.