Sleep apnea decisions — 2016

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that the evidence is at least in equipoise as to whether his current condition had its onset during active duty service.

The Veteran's claim for an initial compensable disability rating for erectile dysfunction was denied as he does not have penile deformity.,The Veteran's claim for an earlier effective date for service connection of erectile dysfunction was also denied.

The Veteran's service-connected disabilities do not render him unable to obtain and maintain gainful employment consistent with his education, training, and work experience.

The Veteran's insomnia is considered part of his service-connected psychiatric disability, and thus no separate claim for this condition was granted.,Service connection for sleep apnea has been established as it is at least as likely as not aggravated by a pre-existing service-connected allergic rhinitis.

The Veteran's TDIU claim is being remanded for additional development, including obtaining VA examinations to assess the impact of his service-connected disabilities on his employability. The RO will also consider whether he has submitted a completed VA Form 21-8940 and address any related issues.

The Board found that the Veteran's current diagnosis of sleep apnea is at least as likely as not related to his service, including symptoms he reported during and after service. As a result, the claim for service connection for sleep apnea was granted.

The Veteran's claim for service connection for a lumbosacral spine disability is being remanded due to the need for additional development and consideration of new evidence.

The Veteran is competent to manage his own funds without limitation and the appeal for incompetency is granted.

The Veteran's service-connected lumbosacral strain, spondylosis, degenerative disc disease and moderate anterior T12 wedging is not rated higher than 40 percent prior to October 6, 2014. The right lower extremity radiculopathy and left lower extremity radiculopathy are each rated at 10 percent from July 21, 2015 onwards. The Veteran's right knee strain and left knee strain remain rated at 10 percent throughout the appeal period. Residuals of right great toe and foot injury do not warrant a compensable rating prior to October 6, 2014.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and requesting a new medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected sinus disorder.

The Veteran's service-connected disabilities render him unemployable, and he is granted a total disability rating based upon individual unemployability. The temporary total disability rating for convalescence following his back surgery is also granted.

The Board has remanded the case for scheduling a videoconference hearing to address all issues on appeal.

The Veteran's current sleep apnea was incurred in service and is related to his symptoms during service.,Service connection for PFB, thyroid disorder, and sinus disorder are pending.

The Board has determined that the Veteran's sleep apnea was incurred during his active duty service and is therefore granted service connection.

The Board has reopened the claim for service connection of a low back disability, but denied it on the merits. The Veteran's diabetes and hypertension were not found to be related to contaminated water at Camp Lejeune.

The Board has remanded the Veteran's claims due to incomplete records and need for further examination regarding his service-connected lumbosacral strain.

The Board has remanded the case for a new medical opinion to address whether sleep apnea is related to service-connected PTSD and if so, whether it is proximately due to or aggravated by that condition. The Veteran's reports of in-service sleep problems and continuity of symptoms since service are also to be considered.

The Board has remanded the case for additional development and consideration of the claims, including scheduling a Travel Board hearing and a DRO hearing. The Veteran's representative requested a travel board hearing on his behalf.

The Board has determined that the Veteran's claimed right and left knee disorders, as well as his pulmonary disorder (including COPD) and obstructive sleep apnea, were not incurred or aggravated by service or a service-connected disability.

The Veteran seeks service connection for sleep apnea, which he claims is related to his service-connected COPD. The Board has ordered a new VA medical opinion to address the nature and etiology of the Veteran's sleep apnea.