Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and private treatment records. The issues of increased ratings for the low back disability and left L5-S1 radiculopathy are still pending.

The Board has remanded the case for additional development, including obtaining service personnel and treatment records from the Veteran's Mississippi Army National Guard membership. The issues of entitlement to service connection for bilateral hearing loss, anxiety disorder, sleep apnea, and psychosis for the purpose of establishing eligibility to treatment are being remanded.

The Board found that the Veteran's sleep apnea was not incurred or aggravated in service and is not proximately due to or the result of his service-connected hypertension. As a result, the claim for service connection for sleep apnea was denied.

The Veteran's appeal is being remanded to the AOJ for further development, including obtaining VA treatment records and scheduling a VA examination. The issues of entitlement to a compensable initial rating for allergic rhinitis and service connection for sleep apnea are both being remanded.

The Veteran's service-connected disabilities have prevented him from securing and maintaining gainful employment since December 21, 2007.

The Veteran's low back disability was initially evaluated at 10 percent prior to September 9, 2014. From that date until May 27, 2016, the disability was rated at 20 percent.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative arthritis and intervertebral disc syndrome was granted, effective February 21, 2013. The initial evaluation is now 40 percent.,Right lower extremity radiculopathy associated with the service-connected lumbosacral strain has been rated at 20 percent since February 21, 2013.,The Veteran's claim for TDIU prior to February 21, 2013 was granted.

The Veteran's lumbosacral spine disability is rated at 40 percent since December 10, 2015. The Board found that the evidence did not support a higher rating based on functional loss or incapacitating episodes.

The Veteran has withdrawn his appeals for the issues of entitlement to service connection for sleep apnea, gastrointestinal reflux disease (GERD), and sarcoidosis. As a result, these claims are dismissed.

The Board has granted service connection for tinnitus and PTSD. The remaining issues require additional development, including obtaining medical records and scheduling an appropriate VA examination.

The Veteran's claims for service connection for PTSD, bilateral hearing loss, and tinnitus have been granted. The remaining issues of service connection for diabetes mellitus, type II; peripheral neuropathy of the upper and lower extremities; Meniere's disease; and obstructive sleep apnea are remanded.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and bilateral hearing loss disability.

The Veteran's claims for sleep apnea and a low back disorder are being remanded to obtain additional records. The claim for PTSD is also being remanded as an SOC has not yet been issued.

The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment consistent with his level of education and occupational experience, and the Board finds that he is unemployable due to these conditions.

The Board has determined that the Veteran's current sleep apnea disability did not have its onset during active service and is not caused or aggravated by a service-connected condition, specifically PTSD. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development, including scheduling of VA examinations and a hearing before a Veterans Law Judge.

The Veteran's service-connected left leg disabilities result in loss of use of the left lower extremity due to residuals of an injury which so affects the functions of balance or propulsion as to preclude locomotion without the aid of a cane.

The Board has remanded the case for additional development, including a VA examination to assess the severity of the service-connected osteoarthritis of the lumbosacral spine. The Veteran will need to undergo an orthopedic examination and provide updated medical records.

The Board has remanded the case for a VA examination by an appropriately qualified rheumatologist to determine the nature and likely etiology of the Veteran's polyarteritis nodosa, including whether it is related to service-connected diabetes mellitus. The Veteran will be provided with a supplemental statement of the case if any benefit sought on appeal remains denied.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD, and therefore grants service connection for this condition on a secondary basis.