Sleep apnea decisions — 2016

The Veteran's appeal includes claims for various disabilities, including upper cervical strain, degenerative arthritis of the left knee, bilateral hearing loss, and several psychiatric, musculoskeletal, and respiratory conditions. The Board has ordered a remand to address these issues due to the need for additional development.

The Veteran's appeal is being remanded for additional development, including obtaining a Statement of the Case on his service connection claims and verifying herbicide exposure. If verified, he will be scheduled for a VA examination to determine if his current asthma disability is related to herbicide exposure during service.

The case is being remanded for further development, including obtaining private treatment records and VA examination to assess the Veteran's lumbar spine disability and need for aid and attendance. The issues of increased rating, TDIU, and SMC based on aid and attendance are also being addressed.

The evidence is at least in equipoise that the Veteran's current lumbosacral sprain is a continuation of a low back disorder considered as having arisen during service, likely aggravated by training during his period of active duty.

The Veteran's appeal for a combined rating in excess of 20 percent for his right knee disability has been withdrawn. The case is being remanded to determine if the Veteran was unemployable due to service-connected disabilities prior to November 2009.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Veteran was rendered unemployable as of May 21, 2013, solely due to his multiple service-connected disabilities and this has continued unabated since that point in time.

The Veteran's obstructive sleep apnea was not incurred in or aggravated by service, and the Board finds that the negative evidence is more persuasive.

The Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a rating in excess of 10 percent prior to November 20, 2008.

The Board has remanded the case due to issues with the representation and a need for additional medical opinions regarding the Veteran's sleep apnea.

The Veteran's appeal is remanded due to the need for an addendum opinion regarding his sleep apnea and a statement of the case on the PTSD evaluation issue.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The May 2001 rating decision denying service connection for sleep apnea is not considered to be clearly and unmistakably erroneous. The Veteran's claim was denied due to insufficient evidence of a nexus between his sleep apnea and an injury or disease incurred in service or his service-connected nasal septum deviation. An effective date prior to June 23, 2010 for the grant of service connection for sleep apnea is not warranted.

The Veteran's claim for service connection for obstructive sleep apnea, which is secondary to his service-connected PTSD and/or arteriosclerotic heart disease with coronary artery disease status post myocardial infarction, has been remanded due to the need for additional development.

The Veteran's service-connected lumbar disability and left lower extremity radiculopathy are currently rated at 20 percent and 10 percent, respectively. The Board finds that the evidence does not support a higher rating for either condition.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and opinion regarding the etiology of his condition.

The Veteran's currently diagnosed sleep apnea is related to his military service, and the Board grants entitlement to service connection for this condition.

The Veteran's appeal has been dismissed due to his death. No service connection decisions were made.