Sleep apnea decisions — 2016

The Board has determined that the Veteran's lumbosacral degenerative disc disease warrants a rating of 60 percent, effective from October 28, 2013. The separate ratings for right lower extremity radiculopathy (40 percent), left lower extremity sciatic nerve involvement (20 percent), bladder incontinence (60 percent), and bowel incontinence (30 percent) are also granted.

The Veteran's claim for service connection for obstructive sleep apnea was denied as there is no credible evidence of in-service onset or a link to his military service.

The Board has determined that the Veteran's claims for service connection are granted, with the exception of his claim for a rating in excess of 10 percent for parathyroidectomy with history of hyperthyroidism. The remaining issues on appeal include service connection for a left hip condition, obstructive sleep apnea, and heart condition, all claimed as secondary to service-connected parathyroidectomy.

The Veteran seeks an increased evaluation for his service-connected lumbosacral degenerative joint disease, degenerative disc disease, and intervertebral disc syndrome. The Board has determined that a remand is necessary to ensure proper development of the claim.

The Veteran's appeal includes claims for service connection and disability ratings for various conditions, including restless leg syndrome, bilateral knee disorders, infertility, a lumbar spine disability, obstructive sleep apnea, erectile dysfunction, and scars. The appeals are currently pending due to the need for additional development of evidence.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and finds that it arose during his military service, granting the claim.

The Board has determined that the Veteran's current sleep apnea is of service origin and grants service connection for this condition.

The Veteran requested withdrawal of all his claims on appeal, and the Board has dismissed them.

The Board has granted the Veteran's claims for service connection for bilateral flat foot (pes planus) and plantar fasciitis. The remaining issues of service connection for left knee condition, hypertension, myocardial ischemia/infarction, right knee arthritis, sleep apnea, and left shoulder condition are remanded for further development.

The Veteran's claim for an initial rating in excess of 30 percent for migraines due to traumatic head injury was denied. The Board found that the evidence did not support a finding that the disabling effects of the Veteran's headaches have exceeded the severity and frequency encompassed by the current 30 percent evaluation, on average.

The Board denied all issues on appeal, including service connection for various conditions and a rating in excess of 10 percent for left knee disability. The Veteran's left knee was found to have limited flexion but no extension limitation.

The Veteran's current obstructive sleep apnea had onset during his active service, and the Board has granted service connection for this condition. The claim of service connection for PTSD is remanded due to a lack of a statement of the case.

The Board has determined that the Veteran does not have a current diagnosis of a bilateral knee disability, bilateral foot disability, deviated septum, sleep apnea, atypical left temple nevus, or residuals thereof. The Veteran's service treatment records are not associated with his claims file and it is presumed lost. Therefore, service connection for these conditions cannot be granted.

The Veteran's claims for service connection and increased evaluations have been denied. The effective date for the grant of service connection for osteoarthritis of the right hip is set at November 13, 2009.

The Veteran's TDIU claim was denied as his service-connected disabilities do not render him unemployable without regard to advancing age.

The Board has granted service connection for sleep apnea, bilateral hearing loss, and tinnitus. The Veteran's increased rating claims for lumbosacral strain, cervical spine subluxation, right elbow epicondylitis, allergic rhinitis, and asthma are remanded for further development.

The Board has determined that the Veteran does not have a chronic disability as residuals of an uvuloplasty and there is no evidence linking his current sleep apnea to service. The appeal is denied.

The Board has determined that VA medical examinations are necessary to adjudicate the appeal and these matters are therefore REMANDED for further action.

The Board has remanded the case for additional development due to inadequate medical opinions in a previous decision.

The Board has remanded the case due to the Veteran's representative not being provided a copy of the June 2015 Board remand and subsequent supplemental statement of the case. The case is now returned for further adjudication.