Sleep apnea decisions — 2015

The Board has remanded the case due to the need for additional evidence regarding service connection claims, including mental disorders, hypertension, respiratory disorders, and sleep apnea. The Veteran's service records show exposure to Agent Orange during his Vietnam service.

The Veteran's appeal involves claims for increased ratings and TDIU related to his service-connected lumbosacral degenerative disease with intermittent radiculopathy and intervertebral disc syndrome (IVDS) with intermittent radiculopathy. The case is being remanded due to the need for additional development, including obtaining VA treatment records, SSA disability determination information, and any other relevant evidence.

The Board has determined that the Veteran is entitled to a TDIU rating due to his service-connected disabilities, considering all relevant factors including his education and occupational background.

The Board has determined that the Veteran's lumbar spine disorder is not service-connected, as there is no evidence linking his current condition to an in-service injury. The cervical spine and right shoulder disorders are currently under consideration.

The Board found that the Veteran's sleep apnea is not related to his service-connected migraine headaches and denied both claims.

The Veteran's PTSD, left knee disability, right knee disability, right hand and finger disability, bilateral ankle sprains, and bilateral elbow disability are not service-connected. The VA examiner found no evidence of these conditions in service or related to service.

The Board has determined that the Veteran's sleep apnea did not manifest during or as a result of his military service and thus, denied his claim for service connection.

The Board has remanded the case for a new examination to determine if the Veteran's obstructive sleep apnea pre-existed his most recent period of active service and if it underwent an increase during this period. The examiner is asked to provide opinions on these matters.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and VA treatment records. A psychiatric examination will be conducted to determine the current severity of her service-connected back disability and whether any diagnosed psychiatric disorder is related to her active service or aggravated by her service-connected back disability.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's bilateral pes planus and lumbosacral strain disabilities have been evaluated based on their current manifestations, with the highest rating of 30% for bilateral pes planus. The lumbosacral strain has not met criteria for higher ratings at any point during the appeal period.

The Board has determined that the Veteran's current sleep apnea is related to active military service, and therefore grants entitlement to service connection for obstructive sleep apnea.

The Veteran's service connection for blindness due to retinitis pigmentosa is granted, and he is also entitled to SMC based on the need for regular aid and attendance of another person.

The Board has determined that the Veteran's obstructive sleep apnea began during service and is therefore granted service connection.

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

The Board has granted service connection for sleep apnea and found that the Veteran's current disability is related to symptoms he experienced in service. The claims of increased ratings for left and right knee disabilities are addressed in the REMAND portion of this decision.

The Veteran requested to withdraw his appeal for both issues on appeal, and the Board has dismissed them.

The Veteran's cervical spine disability is currently rated as 10 percent disabling, and his lumbar spine disability is rated as 10 percent prior to December 20, 2013, and 20 percent thereafter. The Board finds that the evidence does not support a higher rating for either condition.,The Veteran's cervical spine disability has been evaluated under Diagnostic Code 5243 (General Rating Formula for Diseases and Injuries of the Spine) with no associated intervertebral disc syndrome, resulting in a maximum 10 percent evaluation. The lumbar spine disability is rated as 10 percent prior to December 20, 2013, and 20 percent thereafter under Diagnostic Code 5243 (General Rating Formula for Diseases and Injuries of the Spine) with no associated intervertebral disc syndrome.

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

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. The case will be processed again with the scheduling of a Travel Board hearing.