Sleep apnea decisions — 2016

The Veteran's sleep apnea is found to be secondary to his service-connected diabetes mellitus. The Veteran's bronchial asthma, allergic rhinitis and sinusitis, and bilateral hearing loss are all rated at the maximum allowable under VA rating criteria.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to September 17, 2012. The Board granted a TDIU rating based on the combined disability rating of at least one disability rated as 40 percent or more.

The Veteran's back disability is rated at 60 percent, the maximum rating available under Diagnostic Code 5237 for intervertebral disc syndrome. The Board finds that the evidence supports this rating as it includes incapacitating episodes of intervertebral disc syndrome lasting at least six weeks during the past twelve months.

The Board has determined that the Veteran's claim for an effective date earlier than August 29, 2011 for the award of service connection for sleep apnea is granted. The effective date will be set to June 28, 2011.

The Board found no evidence linking the Veteran's current obstructive sleep apnea to his military service and denied the claim.

The Board has ordered a remand due to the need for additional development, including obtaining medical records and providing an opinion on whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine whether he has a cervical spine disability or left upper extremity radiculopathy. The issues include seeking an increase in evaluation for his lumbosacral spine disability and determining service connection for his cervical spine and left upper extremity radiculopathy.

The Board has granted the Veteran's claim of entitlement to service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is related to his in-service symptoms and granting him service connection.

The Veteran's death pension benefits were denied because the appellant's income exceeded the maximum annual pension rate for a surviving spouse with no dependents.

The Veteran's left eye disorder, sleep apnea and insomnia, and right ear hearing loss are not service-connected. The Board denied compensation under 38 U.S.C.A. § 1151 for the left eye disorder due to VA treatment in August 1989. Service connection was also denied for the Veteran's sleep disorder and right ear hearing loss.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to inconsistencies in the examination findings and continued complaints of pain. A new VA examination is needed to determine the current severity of the disability.

The Board denied the Veteran's request for an earlier effective date for the grant of service connection for obstructive sleep apnea, finding that the earliest possible effective date was February 12, 2009.

The Veteran has been granted service connection for sleep apnea and an undiagnosed respiratory disability, both of which are presumed to have occurred during his Gulf War service.,Service connection for bilateral patellofemoral pain syndrome has also been granted.

The Board has remanded the case for further development, including a VA examination and obtaining additional records. The Veteran's claim of entitlement to service connection for sleep apnea is on appeal.

The Board has ordered a remand to obtain additional medical opinions and to request authorization for non-VA records. The Veteran's claim of service connection for sleep apnea, including as secondary to his service-connected disabilities, is being returned for further development.

The Board denied service connection for the claimed conditions, finding that there was no competent and credible evidence to support a link between any of these disabilities and active duty or exposure to toxic substances. The Veteran's Graves' disease and diabetes were found not to have onset in service.

The Veteran's claims for service connection were denied across multiple conditions, including PTSD, alcohol abuse, GERD, diverticulosis/diverticulitis, sleep apnea, erectile dysfunction, and peripheral neuropathy. The Board found no evidence of a nexus between these conditions and active service or any service-connected disabilities.

The Board found that the Veteran's sleep apnea did not have its onset in active service and was not due to or aggravated by a service-connected disability. The hypertension diagnosis is from 2016, which does not meet the one-year presumptive period for hypertension. The left knee disorder has no evidence of onset during service.,The Board denied all three issues on appeal as there was insufficient evidence to establish service connection.

The Veteran's claims for service connection for lumbosacral strain, right ankle disability, and personality disorder were denied by the RO in April 2010. The effective date of his awards was January 13, 2012.,The Veteran's claim for a right ankle disability has been reopened due to new evidence submitted since the April 2010 denial.