Sleep apnea decisions — 2015

The Veteran's current diagnosis of sleep apnea is not related to his military service and there is no evidence that it was caused or aggravated by any of his service-connected disabilities.

The Veteran's claim for increased evaluations and earlier effective dates was denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to August 15, 2005, or any earlier effective date.

The Veteran's service-connected lumbosacral degenerative disc and degenerative joint disease was found to be manifested by limitation of motion, flare-ups, significant pain, and functional impairment that more closely approximated limitation of flexion to 30 degrees or less. The Board granted a 40% rating for this disability.

The Board has determined that the Veteran's onychomycosis of the great toes was not present in service and is not etiologically related to his active service. Therefore, the claim for service connection for this condition has been denied.

The Veteran's appeal is being remanded due to the need for further VA examinations and development of his claims for higher ratings related to his service-connected lumbosacral strain with degenerative disc disease.

The Board has restored the Veteran's special monthly compensation (SMC) based on the need for regular aid and attendance (A&A), effective March 1, 2008. The RO found that the Veteran's service-connected diabetes-related bilateral peripheral neuropathy necessitated A&A for bathing, dressing, shopping, and chores.

The Board has granted a TDIU based on the Veteran's service-connected PTSD, which is currently rated at 100 percent disabling.

The Veteran's sleep apnea is found to have been incurred during active duty service and related to a service-connected TBI. The initial ratings for cognitive disorder and HSV type 2 are denied, and the claim for TDIU prior to November 22, 2013 is granted.

The Veteran's appeals for increased ratings and service connection were denied. The claim of a bilateral foot disability was reopened, but the service connection claim remains denied.

The Veteran's service-connected disabilities, including blindness and multiple musculoskeletal issues, meet the criteria for specially adapted housing/home adaptation grant.

The Board has remanded the case for additional development, including a VA examination to determine the severity of the Veteran's diabetes mellitus and whether his sleep apnea and hypertension are proximately due to or aggravated by service-connected diabetes. The issues of entitlement to increased rating for diabetes mellitus, service connection for sleep apnea, and service connection for gastroesophageal disease (GERD) will be addressed in light of this additional development.

The Board found that the Veteran's sleep apnea did not have its onset during service and is not causally or etiologically related to service, thus denying his claim for service connection.

The Veteran's appeal of his claims for service connection for obstructive sleep apnea, left knee disability, and respiratory disability has been dismissed due to the Veteran's withdrawal of these claims prior to a decision being made.

The Veteran's service-connected disabilities, including his chronic lumbosacral strain and cervical spine disability, have rendered him in need of the regular aid and attendance of another person. The Board has granted special monthly compensation based on this need.

The Veteran's service connection claim for obstructive sleep apnea is granted, and his hypertension rating remains at 10 percent.

The Board has determined that the Veteran's lumbar spine disability does not warrant a rating in excess of 40 percent.

The Veteran's appeal for an increased rating of his service-connected lumbosacral strain has been dismissed as the Veteran withdrew the appeal.

The Veteran's tinnitus is service-connected, but his gastrointestinal, cardiovascular, and respiratory disorders are not.

The Board has determined that the Veteran's service-connected sleep apnea requires use of a continuous airway pressure (CPAP) machine, but does not meet the criteria for a higher rating due to lack of chronic respiratory failure or cor pulmonale. The current 50 percent rating is granted.

The Veteran's appeal regarding the issue of entitlement to service connection for sleep apnea has been withdrawn prior to a decision being made.