Sleep apnea decisions — 2016

The Veteran's service-connected degenerative disc disease of the lumbosacral spine warrants a 10 percent rating prior to July 17, 2014. From that date, his disability is rated at 20 percent.

The Board has ordered additional development to be completed in order for the claims of service connection for various conditions to be properly adjudicated.

The Veteran's back disability was not rated higher than 20 percent, and his right and left leg radiculopathies were each granted a 20 percent rating effective August 26, 2011 and August 26, 2014 respectively.

The Board has remanded the case due to the need for clarification on whether any service-connected disability contributed to the Veteran's death. The appellant asserts that the Veteran's obstructive sleep apnea caused or materially contributed to his cause of death.

The Veteran's obstructive sleep apnea is not service connected and was denied on the grounds that it does not meet the criteria for direct service connection, as there is no evidence of a nexus to service. The Board also found that his sleep apnea is not secondary to any service-connected conditions.

The Veteran's lumbosacral strain has been evaluated at a 10 percent rating since September 23, 2002. The evidence does not meet the criteria for a higher disability rating under the amended regulations.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his service-connected respiratory disorders prior to July 1, 2007 or since July 1, 2007. For the time period prior to April 24, 2014, the Veteran was engaged in substantially gainful employment and thus ineligible for TDIU.

The Board found that the Veteran's sleep apnea did not manifest in service and is less likely than not caused by or related to his military service.

The Board has granted a 40 percent rating for the Veteran's lumbosacral strain with history of psychophysiological overlay and intervertebral syndrome of the nerve root at L5 with superficial peroneal nerve involvement and degenerative joint disease, effective June 14, 2011. The claim for separate compensable ratings for radiculopathy associated with the Veteran's lumbar spine strain is denied.

The Board has decided to remand the case for further development due to the need for an initial VA medical opinion regarding the Veteran's sleep apnea claim.

The Veteran's right knee degenerative joint disease and obstructive sleep apnea, hypertension, and TMJ disorder are service-connected. The Veteran is granted initial ratings of 10 percent for these conditions.

The Veteran's appeal is being remanded for a Travel Board hearing at the Winston-Salem RO. The issues include service connection for sleep apnea, earlier effective date for PTSD, increased ratings for PTSD and gunshot wound to right thigh with healed fracture to right femur, compensable disability rating for injury to the left right finger with well-healed surgical scar, and TDIU.

The Veteran's appeal has been withdrawn and is dismissed due to the withdrawal of his claims by his representative.

The Board has granted service connection for Non-Hodgkin's lymphoma, finding that the Veteran was exposed to contaminated water at Camp Lejeune and his condition is related to this exposure. The issues of entitlement to service connection for ED, sleep apnea, and an acquired psychiatric disability are being remanded as they are inextricably intertwined with the service connection claim.

The Board has determined that the VA examination is inadequate and additional evidence is needed, including an addendum opinion addressing whether the Veteran's sleep apnea was caused or aggravated by his service-connected conditions. The RO must also attempt to obtain records from Mercy Hospital related to the Veteran's sleep apnea.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and arranging for a spine examination.

The Veteran's service connection claims for residuals of a closed head injury, sleep apnea, and ischemic heart disease were granted. The claim for an initial rating higher than 100 percent for ischemic heart disease from January 22, 2007 to April 30, 2007 was also granted. However, the Veteran's claim for a compensable evaluation for bilateral hearing loss and TDIU prior to May 29, 2008 were denied.

The Board found no evidence of current asthma, sleep apnea, or skin rash and thus denied the Veteran's claims for service connection.

The Veteran's claims for increased evaluations of his lumbosacral spine disability and associated radiculopathies were denied. The Board found that the evidence did not meet the criteria for a higher rating.

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