Sleep apnea decisions — 2017

The Veteran's lower back disability is currently rated at 60 percent effective November 6, 2012. He also receives a TDIU from November 1, 2011.

The Veteran's PTSD is currently rated at 50 percent, effective June 15, 2010. The RO denied service connection for a bilateral shoulder disorder and sleep apnea in the May 2011 rating decision. Service connection was granted for these conditions in subsequent decisions.

The Board has remanded the case for a new VA examination to determine if the Veteran's sleep disabilities are related to his military service, including as secondary to any service-connected conditions.

The Board has granted an earlier effective date of December 1, 1999 for a grant of TDIU based on the Veteran's service-connected disabilities.

The Board denied the Veteran's claims for increased rating of lumbosacral strain and TDIU prior to February 6, 2017. The claim for service connection for amputated right index finger was not addressed due to a pending hearing.

The Veteran's obstructive sleep apnea is found to have had its onset during his active duty service and the claim for service connection is granted. The Veteran withdrew his appeal regarding an increased rating for lumbar spine disability.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his peripheral neuropathy, COPD, erectile dysfunction, hypertension, and obstructive sleep apnea.

The Veteran withdrew his appeals for the issues of service connection for cervical spine, right lower extremity condition, left lower extremity condition, and lumbosacral spine conditions.

The Veteran's claims for increased evaluations for his right shoulder sprain with osteoarthritis and degenerative changes of the lumbosacral spine are being remanded due to the need for additional development, including obtaining treatment records, providing a new VA examination, and considering all evidence.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected diabetes mellitus, and thus grants service connection for sleep apnea on a secondary basis.

The Veteran withdrew his appeal for the claims of entitlement to an evaluation in excess of 20 percent for service-connected status post lumbosacral fusion for herniated lumbar disc and for entitlement to service connection for peripheral arterial disease (claimed as vascular disease), right leg.

The Board has reopened the Veteran's claim for service connection for sleep apnea and finds that new and material evidence has been received. The issue of whether the criteria for service connection are met is now before the Board.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess his sleep disorders and their relationship to service-connected conditions.

The Veteran is seeking service connection for various conditions, including prostate cancer, respiratory disorder, sleep apnea, hypertension, sinusitis, nerve condition, and headaches, all allegedly due to exposure to mustard gas, herbicide agents, and/or other chemicals and/or toxins during active duty. The Board has determined that further development is needed regarding the Veteran's claimed exposures.

The Veteran's claim for a disability evaluation in excess of 30 percent for chronic adjustment disorder with mixed features of anxiety and depression was denied due to failure to report for a scheduled VA examination.,Service connection for sleep apnea, claimed as secondary to service-connected chronic adjustment disorder with mixed features of anxiety and depression, was also denied.

The Veteran's psychiatric disability, including PTSD and anorexia nervosa, was not incurred or aggravated by service. The left knee disability is secondary to the right knee condition. Service connection for the initial rating in excess of 10 percent for internal derangement right knee, status post partial lateral meniscectomy, is denied.

The Board has remanded the case for additional development, including obtaining a VA examination and considering the Veteran's claims in light of his claimed sarcoidosis.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the etiology of his cervical spine disability and reassess the severity of his service-connected lumbosacral strain disability. The issue of TDIU is also inextricably intertwined with these issues.

The Veteran withdrew his claims for service connection for TMJ, prostatitis, atherosclerotic cardiovascular disease, a left elbow disability, GERD, migraines (to include as secondary to obstructive sleep apnea), right ear hearing loss, and hypertension during his October 2016 Board hearing.

The Board found that the Veteran's psychiatric disability and obstructive sleep apnea are not related to service or a service-connected condition, and thus denied his claims for service connection. The TDIU claim was also denied as he did not meet the schedular threshold requirement.