Sleep apnea decisions — 2017

The Veteran's appeal is being remanded due to his failure to report for a scheduled hearing. The case will be returned to the Board after scheduling a new hearing.

The Board found that the Veteran's low back disability other than chronic lumbosacral strain was not incurred in or aggravated by active service or a service-connected disability.

The Board has remanded the case for further development, including scheduling a VA examination and referring the claim to the Director of Compensation and Pension Service for consideration of an extraschedular TDIU award.

The Veteran's service-connected conditions, including panic disorder and stress urinary incontinence, have rendered her unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected disabilities have rendered him unable to maintain any form of substantially gainful employment consistent with his education and occupational background.

The Board has determined that the Veteran's left hip disability, maxilla-mandibular atrophy status post reconstruction and right hip bone graft surgery for compensation purposes, and OSA did not have onset during active service or are otherwise etiologically related to active service.,There is no evidence of a chronic condition in service, and there is insufficient medical evidence to establish a link between the Veteran's current conditions and his military service.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not caused by his service-connected allergic rhinitis, and thus grants service connection for this condition.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's sleep apnea is related to his service, and for obtaining updated VA treatment records.

The Veteran's claims for service connection for PTSD, depression, anemia, sleep apnea, hiatal hernia, and GERD have been granted with a noncompensable initial rating for hypertension.

The Board found that the Veteran's bilateral hearing loss and sleep apnea did not manifest during service or are otherwise related to his military service, thus denying service connection for both conditions.

The Board has remanded the case for further development, including additional VA examinations to assess the Veteran's neurological symptoms and their relationship to his service-connected lumbar spine disability.

The Veteran's fall from a chair at the VA Medical Center did not result in any new or additional disability, and there is no evidence of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The Board finds that compensation under 38 U.S.C.A. § 1151 for back injuries is denied.

The Board has reopened the Veteran's claim of service connection for obstructive sleep apnea with narcolepsy and cataplexy, finding that new evidence supports a link to his military service. The Board then granted service connection based on this evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the etiology of his claimed conditions.

The Veteran's lumbar spine disability is rated at 40% since May 17, 2013. His radiculopathy of the lower right and left extremities are each rated at 20%. The claim for SMC based on need for aid and attendance was granted.

The Veteran seeks service connection for sleep apnea. The Board has determined that the current rating decision is not clear or explicit regarding the basis of the denial and requires additional development to address the Veteran's claim, including obtaining an opinion on the etiology of his sleep apnea.

The Board finds that the preponderance of evidence is against a finding that the Veteran's obstructive sleep apnea was incurred or aggravated by service, and it does not find a causal relationship between his service-connected hypertension and his obstructive sleep apnea.

The Veteran's right knee disability is currently rated as 10 percent disabling, with no higher rating possible under the applicable diagnostic codes.,For her lumbosacral spine disability, the current ratings are insufficient to reflect the severity of her condition. The Veteran has a combined range of motion less than 120 degrees and muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis.,The Veteran's left lower extremity radiculopathy is rated at the maximum allowable under the applicable diagnostic codes.,Her right lower extremity radiculopathy also warrants a rating of 20 percent based on the severity of her symptoms and functional impairment.,For her headaches, the current ratings are insufficient to reflect the severity of her condition. The Veteran experiences characteristic prostrating attacks occurring on average once a month.

The Veteran's claim for service connection for a sleep disorder, claimed as sleep apnea, is being remanded due to the need for an examination. His TDIU claim is also inextricably intertwined and will be addressed on remand.

The Board has determined that the Veteran does not have a current disability manifested by symptoms of night sweats and fevers or weight loss distinct from his service-connected sarcoidosis. Therefore, he is denied service connection for these conditions.