Sleep apnea decisions — 2015

The Veteran's lumbosacral strain was rated at 10 percent prior to March 12, 2015, and the Board found no evidence of ankylosis or incapacitating episodes. After March 12, 2015, his condition warranted a rating of 40 percent.

The Veteran's chronic lumbosacral strain was rated at 10 percent prior to September 14, 2013 and increased to 20 percent since that date.

The Board has granted service connection for bilateral pes planus with hammertoe deformities and heel spurs, finding that the Veteran's foot disabilities are caused or aggravated by his service-connected knee disabilities. The claim for sleep apnea is remanded.

The Board has remanded the case due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea and its relationship to service-connected PTSD.

The Veteran's lumbar spine disability is found to have its onset during active service and granted service connection.

The Veteran's claim for service connection for residuals of Bell's palsy is granted. The Board finds ample evidence to support the onset and ongoing residuals of Bell's palsy in service, with very little evidence suggesting otherwise.

The Board has remanded the case due to a scheduling issue for a videoconference hearing. The Veteran's claim of entitlement to service connection for sleep apnea is pending.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected posttraumatic stress disorder.

The Veteran's claims for service connection are being remanded to obtain additional medical opinions and complete the record. The primary issues are whether his obstructive sleep apnea is related to his Gulf War service or secondary to his COPD, and if he has a neurological disorder that relates to his service in Southwest Asia.

The Board has determined that the Veteran's current low back disability is service-connected as it resulted from an injury during active military service.

The Veteran's claim for service connection for sleep apnea has been reopened, but the evidence does not support a grant of service connection.,The Veteran does not have bilateral hearing loss or tinnitus that can be attributed to his period of active military service.,There is no evidence showing chronic ingrown toenails were incurred during service.,Service connection for allergic rhinitis/sinusitis and cellulitis are addressed in the REMAND portion of this decision.,The Veteran's asthma has been evaluated at 60 percent since January 2003, but a reduction to 30 percent was implemented due to material improvement not being demonstrated by a preponderance of evidence.

The Veteran's appeal is being remanded for additional development, including obtaining TRICARE records and scheduling VA examinations to assess the severity of his fibromyalgia and sleep apnea/asthma disabilities.

The Board has determined that the Veteran timely filed a substantive appeal for his claims of entitlement to service connection for PTSD with night sweats, stress, helplessness, problems concentrating, depression and fatigue; headaches to include as secondary to PTSD; and sleep apnea to include as secondary to PTSD. As such, these claims are now ready for further adjudication.

The Veteran's neck disorder and low back disability are being remanded for additional development to determine their etiology, severity, and impact on employment.

The Veteran's lumbosacral DDD with IVDS was rated at 20 percent prior to October 21, 2011 and increased to 40 percent thereafter. His lumbosacral sciatica of the right lower extremity was rated at 10 percent prior to October 21, 2011 and increased to 20 percent thereafter.

The Veteran's appeal for service connection for obstructive sleep apnea, which is secondary to his service-connected PTSD, has been withdrawn by the appellant.

The Veteran is granted a 100 percent disability rating for narcolepsy with cataplexy, effective from the date of this decision. The Veteran's obstructive sleep apnea remains rated at 50 percent.

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

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is at least as likely as not related to service. The issue of secondary service connection for asthma was not addressed due to the grant of direct service connection.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to assess the severity of his service-connected low back disability and lower extremity radiculopathy.