Sleep apnea decisions — 2017

The Board has granted service connection for hypertension and sleep apnea, finding that the Veteran's current conditions are related to his active duty service.

The Board found that the Veteran's lumbosacral spine DDD more closely approximated forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating under DC 5242. The claim for TDIU on an extraschedular basis was also granted.

The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50% disability rating. The evidence does not support an evaluation in excess of 50 percent for PTSD.

The Veteran's obstructive sleep apnea was found to have its onset during service and is therefore granted service connection.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent effective August 4, 2016. The Board grants this rating and also finds that the Veteran meets criteria for a TDIU due to his service-connected disabilities.

The Veteran's service-connected herniated nucleus pulposus with lumbosacral strain has been rated at 20 percent since October 1, 2005. The current physical examination findings do not meet the criteria for a higher rating as her forward flexion is zero to 45 degrees and there is no evidence of favorable ankylosis.

The Veteran's vertigo is secondary to his service-connected hearing loss and tinnitus. The Board has found in favor of the claim for service connection for vertigo, but the claims for depression and sleep apnea are remanded.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing clarification on the impact of his service-connected disabilities on his ability to work.

The Board is remanding the case for additional development, including obtaining VA treatment records and an addendum opinion from a VA examiner.

The Board has determined that the Veteran does not have obstructive sleep apnea that is related to his military service or asbestos exposure. The claim for service connection is denied.

The Veteran's service-connected lumbar spine disability has been manifested by no worse than forward flexion to 70 degrees without manifestation of abnormal gait, spine contour, kyphosis, or 'incapacitating episodes' as defined by regulation. The criteria for a higher rating have not been met.

The Board has granted service connection for postoperative heart disability, residual surgical scars, and obstructive sleep apnea as secondary to the Veteran's service-connected PTSD.

The Veteran has withdrawn all of the issues on appeal, including service connection, rating, and TDIU issues.

The Veteran's service-connected disabilities have been granted, with a disability rating of 20 percent for arthritis of the lumbosacral spine and increased ratings denied for traumatic arthritis of the right knee and total left knee replacement.

The Board denied the Veteran's claims for increased ratings and TDIU due to service-connected lumbosacral strain, finding that a rating in excess of 40 percent was not warranted.

The Board finds that the Veteran's current sleep disorder (other than his service-connected PTSD) is not related to service and cannot be considered secondary to a service-connected disability.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, right ear hearing loss, sleep apnea, and left ear hearing loss. The claim for right ear hearing loss was reopened based on new evidence, but service connection was not granted.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's insomnia is a symptom of his service-connected PTSD.

The Board has remanded the case due to the need for additional development, including a new examination and consideration of the Veteran's claim for an increased rating for her service-connected low back disability.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the etiology of his obstructive sleep apnea and readjudication of all issues on appeal.