Sleep apnea decisions — 2017

The Veteran's TDIU claim is being remanded for further review due to the need to consider whether he is unemployable due to service-connected disabilities on an extraschedular basis.

The Veteran's sleep apnea was not incurred in service and is not related to service. The Board finds that the evidence weighs against a finding of service connection for sleep apnea.,Service connection has been granted for memory loss as secondary to fibromyalgia and headaches.

The Board has remanded the Veteran's claims for additional development due to inadequate opinions in his sleep apnea and right knee disability claims.

The Veteran's Obstructive Sleep Apnea is related to his service-connected diabetes, and the Board grants service connection for OSA.

The Veteran's claim for an increased level of SMC based on the need for additional aid and attendance under 38 U.S.C.A. § 1114(r) has been denied as he does not meet the legal criteria for such.

The Board found that the Veteran's sleep apnea was not incurred in service and is not related to a service-connected disability, including PTSD and/or depressive disorder. The claim for secondary service connection was also denied.

The Board has remanded the case for additional development, including obtaining National Guard service records and providing a medical opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's claim for service connection for periodontitis has been granted for treatment purposes. The Board finds that the Veteran meets the basic eligibility requirements of service connection.,For his hiatal hernia with GERD, the Veteran is entitled to a disability rating of 10 percent from November 23, 2007; 30 percent from April 19, 2011; and 60 percent from April 7, 2016.

The Veteran's appeal involves three issues: increased ratings for diabetes mellitus and coronary bypass surgery, as well as service connection for sleep apnea. The case is being remanded to obtain updated medical records from the VA.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining new medical opinions and examinations to address the issues on appeal.

The Veteran's claim for increased ratings for lumbosacral strain and radiculopathy of the lower extremities, as well as his service connection claim for IBS, was granted. The effective date is not specified.

The Board has determined that the Veteran's sleep apnea is related to his in-service symptoms and/or PTSD, and thus service connection for sleep apnea is granted.

The Veteran's lumbar spine disability, characterized by pain and limitation of motion, did not meet the criteria for a higher initial evaluation prior to March 28, 2015.

The Veteran's claims for service connection for a left knee condition and sleep apnea, secondary to PTSD are being remanded due to the need for additional examinations.

The Veteran's claim for a TDIU due to service-connected lumbosacral strain was denied as his disability alone did not render him unemployable.

The Board found that the Veteran's sleep apnea was not incurred or aggravated during active service and denied his claim for service connection.

The Veteran's lumbar spine disability has been rated at 40 percent since October 15, 2012. The evidence does not support a higher rating as the condition does not meet criteria for unfavorable ankylosis or other disabling conditions that would warrant a higher rating.

The Veteran's service-connected low back disability is rated at 20 percent, effective December 24, 2003. The Board granted an initial rating of 20 percent for the lumbar spine disability and denied a higher rating.

The Board has determined that the Veteran does not have current sleep apnea or atrial fibrillation, and therefore cannot establish service connection for these conditions.,Service connection was denied for both sleep apnea and atrial fibrillation as there is no evidence of a current disability.

The Board has reopened the Veteran's claims for service connection for obstructive sleep apnea and hypertension, finding that new and material evidence has been received. The conditions are now considered to be related to service.,Service connection is granted for obstructive sleep apnea as it was present during active duty and continues today. Service connection is also granted for hypertension, which manifested in service and continued after discharge.