Sleep apnea decisions — 2016

The Veteran's claim for service connection for a sleep disorder, claimed as sleep apnea, has been remanded due to the failure of VA to comply with previous Board directives. The case must be reviewed again after obtaining all relevant medical records and scheduling an appropriate examination.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus TDIU compensation is denied.

The Board found that the Veteran's current diagnosed post-operative lumbosacral spine disorder, including injury residuals, degenerative disc disease, and spinal fusion is related to his military service.

The Board has granted service connection for obstructive sleep apnea. The Veteran's claims of entitlement to an initial rating in excess of 30 percent for PTSD, service connection for depression, a compensable initial rating for bilateral eye disability (photophobia), service connection for a skin disability of the left hand, and service connection for a right foot disability are remanded.

The Veteran's claim for service connection for COPD is being remanded due to the need for additional medical inquiry and an addendum report from the July 2016 VA examiner.

The Veteran's obstructive sleep apnea has been rated at 50 percent since July 30, 2007. The condition requires the use of a CPAP machine but does not meet criteria for higher ratings due to lack of respiratory failure or tracheostomy.

The Board has remanded the Veteran's claims for service connection due to incomplete development and need for additional examinations.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed conditions and whether they are related to service.

The Board finds that the Veteran's sleep apnea became manifest during his active service and has persisted since, granting service connection for this condition.

The Veteran's chronic lumbosacral strain is currently rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for a higher rating has been granted.

The Veteran's claims for service connection are being remanded to obtain additional VA opinions and examinations, as not all theories of entitlement have been addressed.

The Board granted the Veteran's claim to reopen his service connection for obstructive sleep apnea, but denied his request for a rating in excess of 50 percent for migraines and entitlement to TDIU. The decision also noted that the Veteran is entitled to an extraschedular TDIU prior to December 4, 2014.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD, has been remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for further development due to inadequacies in the adjudication, including addressing whether his symptoms are manifestations of a medically unexplained chronic multisymptom illness and obtaining clarifying opinions regarding service connection.

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

The Veteran's tinnitus had its onset in active service and the Board grants service connection for this disability.

The Veteran's claims for service connection for sleep apnea, gastroesophageal reflux disease (GERD), a bilateral knee disorder, and diabetes mellitus have been granted.

The Veteran's degenerative disc disease of the lumbosacral spine has been rated at 40 percent since June 27, 2008, and remains at that level as of February 11, 2015. The Board affirms this rating.

The Board has dismissed the appeal of service connection for Achilles tendonitis due to withdrawal by the appellant. The Veteran's anxiety and depressive disorders are found to be related to his in-service traumatic experience, while sleep apnea is considered to have developed during service.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or obstructive sleep apnea, and thus cannot establish service connection for these conditions. The dental disorder claim was withdrawn by the Veteran and his representative.