Sleep apnea decisions — 2016

The Veteran's service-connected intervertebral disc syndrome and degenerative arthritis with loss of cervical lordosis, as well as his chronic lumbosacral strain, were granted increased disability ratings. The rating for the intervertebral disc syndrome was set at 30 percent effective from June 5, 2014.

The Veteran's claim for service connection of a facial fracture and sleep apnea is being remanded due to the need for additional development, including an examination.

The Veteran's obstructive sleep apnea and bilateral pes planus with bilateral plantar fasciitis have been granted service connection, and he is currently receiving a 30% disability rating for his bilateral pes planus.

The Board found that the Veteran's sleep apnea did not have onset during service and is not otherwise etiologically related to his in-service history of snoring. The Veteran's hemorrhoids were rated as noncompensable due to mild symptoms, including occasional pain, tenderness, and bleeding.

The Veteran's tinnitus was incurred during his active duty. The Board finds that service connection for tinnitus is warranted.

The Board finds that the Veteran's GERD, hypertension, and obstructive sleep apnea are at least as likely as not caused or aggravated by his service-connected PTSD.

The Board granted a 40 percent evaluation for lumbosacral strain with degenerative disc disease, effective from May 20, 2008. The Veteran's back disability was found to have increased in severity since the previous evaluations.

The Veteran's sleep apnea and sinusitis are found to be related to active service. The claim for chronic upper respiratory infections is remanded as the evidence does not contain sufficient competent medical evidence to decide the claim.

The Veteran has withdrawn his appeals, and the Board does not have jurisdiction to review these appeals.

The Board has granted service connection for tinnitus and found new and material evidence to reopen the claim for a thoracolumbar spine disability. The Veteran's tinnitus is presumed due to noise exposure during service, while his current respiratory conditions are linked to in-service symptoms of shortness of breath.

The Veteran's service-connected disabilities, including left hemidiaphragm elevation with restrictive lung disease and sleep apnea, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted the claim for TDIU.

The Veteran's anxiety disorder as residual of anoxic brain injury and occipital neuralgia (headaches) have been rated based on their service-connected status, while his sleep apnea has a separate rating. The lower extremity hyperreflexia does not meet the criteria for a compensable evaluation.

The Board has ordered additional development due to outstanding records and the need for an addendum opinion regarding the etiology of the Veteran's right knee and low back disabilities.

The Board has granted service connection for cervical spine degenerative disc disease and lumbar spine degenerative disc disease, finding that the Veteran's disabilities are related to his active military service.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and an addendum opinion from the April 2015 VA examiner regarding bedrest prescribed for her service-connected HNP with lumbosacral strain.

The Board has remanded the case for additional development due to newly submitted VA treatment records.

The Board has granted service connection for sleep apnea. The remaining issues of service connection for psychiatric disorder, heart disorder, hypertension, and erectile dysfunction as secondary to service-connected sleep apnea are remanded for further development.

The Veteran's appeal is being returned to the Department of Veterans Affairs (VA) Regional Office for consideration of additional VA treatment records and potential readjudication.

The Board has determined that the Veteran's obstructive sleep apnea is related to service and grants service connection for this condition.

The Veteran's claims for increased ratings for GERD, TBI residuals, and bilateral plantar fasciitis were denied as his conditions did not meet the criteria for higher ratings under VA rating criteria.