Sleep apnea decisions — 2016

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed bilateral hearing loss disability and sleep disorder.

The Board finds that the Veteran's sleep apnea had its onset during service and is related to his military duties, including breaking up fights which may have caused injuries to his nose. The Board grants service connection for sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected PTSD disability. The right elbow laceration residuals are currently rated as 10% disabling.

The Board has decided to remand the case due to issues related to VA's duty to assist in substantiating the Veteran's claim for service connection of sleep apnea. The Veteran and his spouse testified that the Veteran experienced snoring and cessation of breathing during service, which may indicate an onset or causation.

The Board has determined that the Veteran's sleep apnea is not related to his service-connected sinusitis or tooth extraction complications, and thus denied the claim for service connection.

The Veteran's appeal is remanded for a new VA examination to assess his ability to function in most employment settings due to his service-connected disabilities, and for further development of the record.

The Veteran's claims for a higher rating for his lumbosacral strain and TDIU are being remanded due to the need for additional examination and development of medical records.

The Veteran's service-connected disabilities, including his tension headaches rated at 50 percent disabling and bilateral flat feet rated at 30 percent disabling, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU.

The Veteran's service-connected tinnitus is assigned the maximum schedular rating of 10 percent. The claim for an initial evaluation in excess of 10 percent for tinnitus is denied as there are no legal grounds to assign a higher evaluation under Diagnostic Code 6260. For ED, the RO has already granted service connection and assigned the minimum (zero percent) evaluation allowed by law.

The Veteran's appeal is being remanded for further development, including obtaining VA medical records and issuing a Supplemental Statement of the Case (SOC) on several issues.

The Board has denied the Veteran's claims for service connection for acquired psychiatric disorder, sleep apnea, and chronic fatigue syndrome. The evidence does not support a finding of service connection for these conditions.

The Board denied a higher rating for chronic lumbosacral strain and dismissed the appeal on the issue of annual clothing allowance.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, and no higher. The Board finds that his disability does not meet or more nearly approximate unfavorable ankylosis or demonstrate incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining an opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board found that the Veteran's current left ankle disability is not attributable to disease or injury sustained during his period of service and denied entitlement to service connection for a left ankle disability. The issue of sleep apnea was remanded but an addendum opinion is needed to address its likely etiology.

The Board has determined that the evidence is in equipoise as to whether the Veteran's service-connected PTSD caused or aggravated her obstructive sleep apnea, and thus grants service connection for this condition.

The Veteran's lumbar spine disability is rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other issues remain unchanged with no new ratings granted.

The Board has remanded the case for further development due to conflicting medical opinions and additional evidence submitted by the Veteran.

The Board has ordered additional development to obtain medical records and an addendum opinion regarding the Veteran's low back disability. The case will be remanded for these actions.