Sleep apnea decisions — 2016

The Board has determined that the Veteran's obstructive sleep apnea and hypertension are related to his service, granting service connection for both conditions.

The Veteran's appeal is being remanded for additional development to consider the claims of service connection and increased rating, including a VA examination for urethral discharge (gonorrhea) and herpes.

The Veteran's current obstructive sleep apnea is etiologically related to his service-connected allergic rhinitis, and the Board grants service connection for this condition.

The Veteran's claims for service connection for various conditions, including TBI with vertigo, nausea and headaches, COPD, sleep apnea, cervical spine disability, thoracolumbar spine disability, diabetes mellitus, erectile dysfunction (ED), and left hand disability are all denied as there is no competent evidence of current disabilities or a nexus to service.

The Veteran's service connection for a depressive disorder is granted. The rating for lumbosacral strain with lumbosacral DDD remains at 20 percent, and the initial rating for radiculopathy of the right lower extremity from February 14, 2011, to July 28, 2013, is granted at 10 percent. The rating for radiculopathy of the right lower extremity since July 29, 2013, is granted at 20 percent.

The Veteran's lumbar spine disability was rated at 10 percent prior to December 15, 2011 and at 40 percent thereafter. The claim for separate evaluations for left and right lower extremity radiculopathy is addressed in the REMAND portion of this decision.

The Veteran's lumbar spine disability is rated at 40 percent disabling effective May 7, 2014. The dental disorder claim was not granted.

The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Board granted initial non-compensable ratings for bilateral shoulder strain, effective from July 3, 2012. Effective that date, the Veteran is entitled to a 20 percent rating for his service-connected lumbosacral spine disability.

The Veteran's appeal includes claims for an increased rating for lumbosacral strain and service connection for obstructive sleep apnea. The RO has denied the claim for service connection, but a SOC must be issued. The propriety of reducing the rating from 30 percent to 10 percent is also under consideration.

The Veteran's appeal is denied as he does not have a neurological disability of the lower extremities caused or aggravated by his service-connected lumbosacral strain with lumbar scoliosis.

The Veteran is currently service-connected for several disabilities, but the Board finds that a Master's Degree in Human Resource Management is not necessary for him to obtain or maintain employment in his chosen field.

The Veteran's service-connected sinusitis is found to be the primary cause of his obstructive sleep apnea, and he has been granted a 30% initial rating for sinusitis since June 30, 2004.

The Veteran's claims for increased ratings and service connection were granted, with the effective dates being fixed in accordance with the facts found.

The Veteran's claim for service connection for sleep apnea was denied, and his claim for a total disability rating based on individual unemployability (TDIU) was also denied. The Board found that the Veteran's service-connected disabilities did not meet the percentage requirements for TDIU, as they were not shown to have precluded him from securing or following substantially gainful employment.

The Board has determined that the Veteran's current thoracolumbar spine disorder is not related to service and therefore denied his claim for service connection. The TDIU issue remains pending.

The Veteran's claims for service connection have been granted. His conditions are currently rated as service-connected.

The Board has granted service connection for obstructive sleep apnea, a bilateral foot disorder (including plantar fasciitis and pes planus), and a back disorder. The Veteran's claims for an earlier effective date for the right shoulder disability are remanded.

The Veteran's claim for an increased disability rating in excess of 70 percent for generalized anxiety disorder and depression has been granted, effective from February 23, 2009.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a new examination and consideration of all evidence.