Sleep apnea decisions — 2016

The Board has determined that the Veteran's obstructive sleep apnea is causally related to his service-connected PTSD and grants service connection for this condition. The other issues on appeal are remanded.

The Veteran's claims for increased ratings for her low back disability and left wrist CTS were denied by the Board, as there was no evidence of ankylosis or incapacitating episodes that would warrant higher ratings under the applicable rating criteria.

The Board has determined that the Veteran's sleep apnea is at least as likely as not caused by his service-connected neurologic disability due to solvent exposure, and thus grants service connection for this condition.

The Veteran's lumbosacral strain has been productive of painful motion, but does not meet the criteria for a higher rating as forward flexion is greater than 60 degrees and there is no evidence of ankylosis or incapacitating episodes.

The Board has determined that the Veteran's lumbar spine disability and traumatic brain injury residuals are related to service, granting service connection for these conditions.

The Board finds that the Veteran's chronic kidney disorder, currently diagnosed as renal failure, was incurred during a period of active duty for training (ACDUTRA) and is therefore service-connected.

The Board denied service connection for hypertension, heart palpitations, GERD with hiatal hernia, cervical spine disability, low back disability, nasal problems and left maxillary/ethmoid sinusitis, and sleep apnea. The claims were also dismissed as the appellant withdrew his appeal regarding heart palpitations.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his low back disability and sleep apnea. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's claims for service connection for obstructive sleep apnea and atrial fibrillation are being remanded due to the need for additional development, including obtaining treatment records, providing notice of applicable law, and scheduling an examination.

The Veteran's back disability has been rated at 40 percent since November 30, 2007. The Board finds that the evidence does not support a higher rating prior to December 7, 2007, from February 1, 2008, to November 12, 2012, and beginning January 1, 2013.

The Veteran's degenerative disc disease of the lumbosacral spine with neuroforaminal stenosis and associated sciatica were granted initial ratings, but not in excess of 10 percent prior to May 18, 2009. From May 18, 2009 onwards, he was granted a higher rating for his sciatica.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to his active military service, and thus grants entitlement to service connection for this condition.

The Veteran's lumbosacral strain was previously rated at 10 percent prior to August 6, 2009. The evidence does not show that his range of motion or other symptoms warranted a higher rating during this period.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of chronic disabilities related to his claimed conditions.,Service connection was denied for bilateral hearing loss, epistaxis, anemia/iron deficiency, and irritable bowel syndrome.

The Board has ordered additional development to obtain records from the Minneapolis VA Healthcare System and CentraCare Hospital, as well as a medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The claim will be readjudicated after these actions.

The Veteran's service-connected disabilities, including diabetes mellitus, PTSD, and sleep apnea, render him unable to secure or follow substantially gainful employment.

The Veteran's lumbar spine disability and associated radiculopathies are not shown to preclude him from securing and following substantially gainful employment, but he is entitled to separate compensable ratings for his bilateral lower extremity radiculopathies prior to February 9, 2012.

The Veteran's PTSD was found to cause occupational and social impairment with reduced reliability, resulting in a 50% rating from February 2, 2001, to November 27, 2006. Service connection for hypertension and sleep apnea were denied as secondary to PTSD.

The Veteran's PTSD, diagnosed based on his combat service in Iraq, is granted. His respiratory disorder (COPD), chronic nosebleeds, sleep apnea, and skin disorder are not found to be related to service.

The Veteran is entitled to TDIU from May 3, 2013 due to his service-connected cyclothymic disorder. Special monthly compensation was granted effective July 6, 2015.