Sleep apnea decisions — 2016

The Veteran's claim for an increased rating and earlier effective date for his service-connected degenerative joint disease of the lumbosacral spine was granted. The disability is rated at 20 percent, effective February 5, 2010.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by service and is not attributable to a service-connected disability.

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the schedular requirements for a TDIU.

The Veteran's service-connected disabilities, excluding his mental health disability (PTSD), are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The case is being remanded for further development, including a new examination and opinion to reconcile findings with Dr. J.'s opinions on the etiology of the Veteran's skin disorders.

The Board has remanded the case for additional development due to incomplete records, including SSA disability benefits application documents.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine was incurred in wartime service and is granted service connection.

The Board finds that service connection for type II diabetes mellitus is not warranted as the preponderance of the evidence fails to establish a link between the Veteran's current condition and his active service. The Board also finds that additional development is needed regarding the etiology of the Veteran's obstructive sleep apnea and hypertension.

The Veteran's claim for increased ratings for residuals of lumbar injury and radiculopathy of the lower extremities has been granted. The Veteran is currently rated 10% for both right and left lower extremity radiculopathy, effective January 11, 2010.

The Board found that the Veteran's obstructive sleep apnea is not shown to have first manifested in service or be causally related to any disease, injury, or incident during service. Therefore, the claim for service connection was denied.

The Veteran's right ankle strain and low back condition (including lumbosacral disc disease and lumbar degenerative joint disease) were incurred in service.

The Veteran's claims are being remanded for additional development, including obtaining medical records and conducting VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claim for service connection for idiopathic microhematuria was denied as it is a laboratory finding and not a disability. The Board found that the Veteran did not have a current disability for which service connection may be granted.

The Veteran's service-connected lumbosacral spine disorder was rated at 10 percent prior to August 5, 2015, and increased to 40 percent thereafter. The peripheral neuropathy of the lower extremities were not found to warrant higher ratings.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and opinion regarding the etiology of his condition.

The Veteran's initial claims for service connection were received by VA less than one year after he separated from active service, and the disabilities originated while he was serving on active duty. The effective date of the awards is set to October 1, 2006.

The Veteran's claims for service connection were granted for an acquired psychiatric disorder, a skin disorder, hypertension, mini-strokes, and peripheral neuropathy. The gastric disability claim was denied.

The Board finds that the Veteran's OSA and COPD did not begin during service, were not caused by his military service, or have been caused or aggravated by a service-connected disability. As such, the claims for service connection are denied.

The Veteran's service-connected disabilities, including PTSD and orthopedic conditions, have rendered him unable to secure or maintain gainful employment since February 10, 2011. The Board has granted a TDIU rating from that date.

The Veteran's currently diagnosed pulmonary disabilities, including sarcoidosis, asthma, and sleep apnea, were not incurred in service or due to exposure to hazardous environmental conditions during the Persian Gulf War. The Board finds that there is insufficient evidence to establish a nexus between these conditions and service.