Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. He will also be scheduled for examinations to address the nature of his cervical spine disorder, right knee replacement with post-traumatic arthritis, lumbosacral spine degenerative disc disease and stenosis, status-post laminectomy, discectomy, and fusion, and bilateral hearing loss.

The Veteran's tinnitus is found to be related to his service-connected right ear hearing loss. Service connection for right ear hearing loss and tinnitus are granted, but malaria is not found to be related to service.

The Veteran's bilateral hearing loss is rated at 20 percent, and his obstructive sleep apnea with asthma is rated at 50 percent. The combined rating for these conditions is 70 percent, meeting the criteria for TDIU. However, the Board finds that the Veteran's service-connected disabilities do not render him unable to obtain or maintain gainful employment.

The appeal is being remanded to obtain new VA examinations and determine the full extent of the Veteran's disabilities.

The Board has determined that the Veteran's obstructive sleep apnea and allergic rhinitis are related to her active duty service, granting her claims for service connection.

The Board has determined that service connection should be granted for sleep apnea, but not for bilateral hearing loss or tinnitus.

The Veteran's bilateral hearing loss is related to service, but there is no evidence of a current low back disorder that began during or was caused by his military service.

The Veteran's claim for an increased rating for his service-connected diabetes was denied as the evidence did not show that the diabetes required regulation of activities in order to control blood sugar levels.

The Veteran's lumbosacral spine strain with spondylolisthesis and degenerative joint disease was rated at 10 percent prior to July 22, 2015, and at 20 percent thereafter. The Board found that the evidence did not support a higher rating for any portion of this period.

The Board has granted service connection for CAD, sleep apnea, right leg disability, left leg disability, and headaches. The effective dates are not specified as the decision is in favor of the Veteran.

The Veteran's initial claim for a higher rating for chronic lumbosacral strain was denied as her symptoms did not meet the criteria for an increased disability rating prior to April 18, 2017. From that date, she continued to have pain and limited range of motion but did not meet the criteria for a higher rating.

The Board found that the Veteran's current low back strain is not related to his active service, and denied service connection for stage II hypothermia. The Veteran's eye disability was also denied as there was no evidence of a superimposed disease or injury during service.,Service connection was denied for all issues due to lack of competent medical evidence linking the current conditions to active service.

The Veteran's appeal has been dismissed as he withdrew his appeal in January 2015.

The Veteran's appeal involves a claim for increased ratings for his service-connected lumbosacral strain with degenerative joint and disc disease of the lumbosacral spine, L2-3, L3-4, L4-5, and L5-S1, and mild degenerative sacroiliac joints. The appeal is remanded to obtain additional medical examinations and opinions regarding his associated neurological symptoms.

The Veteran's service-connected disabilities, including major depressive disorder with anxious distress and chronic sleep apnea, have rendered him unable to secure or follow a substantially gainful occupation. The Board finds that the criteria for a total disability rating based on individual unemployability are met.

The Veteran's previous occupation as a chiropractor is unsuitable due to his service-connected knee, back, and hip disabilities. The Board finds that additional vocational rehabilitation training under Chapter 31 of Title 38 is warranted.

The Veteran is seeking service connection for low back pain that he believes is caused by his service-connected gunshot wound to the chest. The VA examiner found no direct link between the gunshot wound and the current back condition, but a private chiropractor opined that the gunshot wound may have contributed to the degenerative changes in the spine.

The Board has remanded the Veteran's increased rating and TDIU claims for further development, including obtaining VA treatment records from January 2009 to the present. The Veteran will be provided a VA examination to assess his current sleep apnea disability.

The Veteran's appeals for service connection on the issues of high cholesterol, hypertension, sleep apnea, plantar fasciitis of the left foot, right knee disability, low back disability, bilateral shoulder disability, and bilateral elbow disability have been dismissed due to withdrawal by the Veteran at his hearing. The appeal for service connection on the issue of right hip disability is remanded.

The Veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea, psycho-physiological insomnia, and circadian rhythm sleep disorder is being remanded due to the need for additional development of his medical records.