Sleep apnea decisions — 2015

The Veteran's service-connected disabilities do not prevent him from finding and maintaining substantially gainful employment that is sedentary in nature.

The Veteran's service connection for sleep apnea has been granted, and he is now rated at 70% disability effective August 1, 2011. The Board also found that the Veteran was unemployable due to his service-connected disabilities as of August 1, 2011.

The Board has determined that the Veteran's left knee disability is service-connected, but his diabetes and sleep apnea are not.

The Veteran's claims for service connection for respiratory disability (including sinusitis and rhinitis) and sleep apnea are being remanded due to conflicting medical evidence and the need for further examination and opinion.

The Veteran's service-connected disabilities, when considered together, render her unable to secure or maintain substantially gainful employment.

The Veteran seeks an earlier effective date for the grant of service connection for a back disability. The Board finds that no earlier effective date is warranted as the claim was not pending prior to April 21, 2006.

The Veteran's lumbar spine disability is rated at 20 percent, the highest schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board also found service connection for radiculopathy of the bilateral lower extremities associated with his lumbar spine disability.

The Board has remanded the case for further development due to non-compliance with prior remand instructions. The Veteran is requested to submit lay statements and outstanding VA treatment records are sought. A new VA examination will be scheduled to address whether the Veteran's sleep apnea had its onset during service, is causally related to PTSD or aggravation by PTSD.

The Board has determined that the Veteran's sleep apnea and hypertension are related to his service-connected postoperative deviated septum, and thus grants service connection for both conditions.

The Veteran's obstructive sleep apnea was not incurred in or aggravated by active military service. The Board found that the preponderance of evidence is against the claim.

The Board has granted service connection for seasonal allergies and assigned a noncompensable rating. The appellant's other claims have been addressed, with some issues resulting in grants of service connection or increased ratings.

The Veteran's service-connected disabilities, including his lumbar spine disability and right lower extremity neuropathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's back disability, characterized by degenerative changes and lumbosacral strain, was found to have a combined range of motion of the thoracolumbar spine not exceeding 170 degrees with forward flexion limited to no less than 40 degrees. This does not meet the criteria for an evaluation higher than 20 percent.

The Veteran's claims for service connection have been granted, with the exception of her claim for alcohol dependence. The Board found new and material evidence to reopen her claims for depression, headaches, fibromyalgia, a sleep disorder (including sleep apnea and chronic fatigue syndrome), and awarded service connection for these conditions.

The Board has remanded the case for an addendum opinion concerning the onset and etiology of the Veteran's current sleep apnea, specifically whether it at least as likely as not that his OSA had its onset during active duty service between February 2005 and November 2005.

The Veteran's appeal is being remanded for a new examination to assess the combined effects of his service-connected disabilities on his ability to secure or follow substantially gainful employment.

The Veteran seeks service connection for obstructive sleep apnea, which he asserts had an onset during active service. The Board finds the duty to assist has not been met and remands the case for a VA examination and updated treatment records.

The Veteran's claims for service connection for left ring finger, left shoulder, right knee, and left knee conditions have been denied.,Service connection was granted for a left wrist condition (rated as 10 percent disabling), GERD (rated as 10 percent disabling), lumbosacral strain (rated as 10 percent disabling), and left ear hearing loss (rated as 10 percent disabling).

The Board has remanded the case due to incomplete records and the need for a medical examination. The Veteran's claim for service connection for sleep apnea is pending.

The Board denied the Veteran's claims for service connection for sinusitis, deviated nasal septum, and obstructive sleep apnea. The evidence did not establish a current diagnosis of chronic sinusitis or a deviated septum related to military service. Obstructive sleep apnea was also not found to be directly related to service-connected allergic rhinitis.