Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for additional development, including a new VA examination to evaluate his spine disability and radiculopathy. The issue of entitlement to a TDIU is also being remanded.

The Veteran's low back disability was rated at 10 percent prior to March 17, 2016 and at 20 percent thereafter. The Board found that the evidence did not warrant a higher rating at any point during the period on appeal.

The Veteran's chronic lumbosacral strain and bilateral hallux valgus deformities are rated at the minimum levels under VA rating criteria. The Board finds that the current ratings adequately compensate for her service-connected disabilities.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his TDIU claim is granted.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not meet the criteria for higher disability ratings under the applicable rating schedule.

The Board has granted the Veteran's claim to reopen his previously denied sleep apnea claim and determined that service connection is warranted, with the condition being related to service-connected PTSD.

The Board finds that the Veteran's sleep apnea is related to his active duty service and grants service connection for this condition.

The Veteran's service-connected disabilities do not render him unable to secure or maintain substantially gainful employment.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus type II, and peripheral neuropathy of multiple extremities, have rendered him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development, including obtaining SSA records and VA medical opinions to address the Veteran's reported symptoms of decreased manual dexterity, problems with lifting and carrying, difficulty reaching, a bad mood, and pain medication effects for back pain.

The Board has determined that the Veteran's obstructive sleep apnea is not related to service or his service-connected hypertensive heart disease with atrial fibrillation, and thus denied his claim for service connection.

The Veteran's service connection claim for obstructive sleep apnea is pending. The Board has not addressed this issue in the current decision.,Service connection for a cervical spine condition is denied as there is no evidence of an injury or disease incurred during service, and the preponderance of the evidence does not support a finding that any current cervical spine condition is related to service.

The Veteran's appeal is being remanded to allow for a videoconference hearing at the Los Angeles RO due to his relocation.

The Veteran's sleep apnea and anxiety disorder are both granted, but the rating for anxiety disorder is only granted from February 27, 2015 onward. The Veteran's service connection claim for sleep apnea was denied.

The Veteran's claim for service connection for a sleep disorder, to include sleep apnea, is being remanded due to the need for additional development and medical opinions regarding the etiology of his condition.

The Board denied service connection for an acquired psychiatric disability (claimed as secondary to residuals of a service-connected pilonidal cyst) and a lower spine disability (claimed as secondary to residuals of a service-connected pilonidal cyst). The claims for bilateral hip pain, coccydynia, and male pelvic pain were also denied. New and material evidence was not received to reopen the claims for these conditions.

The Board has granted reopening of the claim for service connection for obstructive sleep apnea.,The issues regarding a bilateral elbow disability and secondary service connection remain unresolved.

The Board found that the Veteran's lung disability, diagnosed as COPD, was not incurred or aggravated in active service. The MVA did not cause his present lung problems/COPD.

The Board has remanded the case for further development, including obtaining a VA addendum opinion on secondary service connection and processing the mustard gas exposure claim. The Veteran's sleep apnea issue will be reconsidered based on both direct and secondary service connection.

The Veteran's claim of entitlement to service connection for sleep apnea, as secondary to his service-connected PTSD, is being remanded due to inadequate examination and the need for further development.