Sleep apnea decisions — 2017

The Veteran's appeal involves multiple issues related to various conditions and service connection claims. The case is being remanded for additional development, including obtaining updated VA treatment records and ensuring all relevant VA treatment records are associated with the file.

The Veteran's death was not determined to be due to a service-connected disability, including those presumed due to herbicide exposure.

The Veteran's claim for service connection for an acquired psychiatric disorder and obstructive sleep apnea has been reopened, and the Board finds that new and material evidence has been submitted. The Veteran is presumed to have had a pre-existing acquired psychiatric disorder which was aggravated by his military service. Service connection is granted for this condition. The issue of service connection for problems sleeping to include obstructive sleep apnea is denied as there is no competent evidence showing the condition began during or within one year of service, and it is not otherwise related to service. The issues of back condition and right knee condition are dismissed due to withdrawal by the Veteran.

The Veteran's PTSD has been rated at 50% since January 7, 2016. This grant of a higher rating is effective as of that date.,The Veteran was granted TDIU based on his service-connected disabilities prior to September 22, 2015.

The Board has reopened the Veteran's claims for service connection for various disabilities, including lung disability, bilateral knee and hip disabilities, low back disability, neck disability, obstructive sleep apnea, and depressive disorder. The new evidence supports reopening these claims.

The Veteran's appeal regarding an earlier effective date for the assignment of a 50 percent rating for sleep apnea has been withdrawn.,The Veteran's claim for an earlier effective date for service connection for PVCs was denied as no new and material evidence had been received since his last denial in December 2009. The earliest application to reopen the claim was filed on October 26, 2010.,Service connection for hypertension has been granted as secondary to service-connected sleep apnea.

The Board has denied the Veteran's claims of service connection for hypertension, obstructive sleep apnea, right wrist disability, cervical spine disability, and bilateral knee disability. The reasons provided include lack of a nexus to service or evidence of continuity of symptoms.

The Board denied service connection for a bilateral foot condition, obstructive sleep apnea (OSA), and right thumb disability as the Veteran's conditions were not shown to be related to his military service.

The Board has determined that the Veteran's obstructive sleep apnea is not service connected, either directly or secondary to a service-connected disability. The claim for service connection was denied.

The Veteran's lumbosacral strain disability was found to meet the criteria for a minimum compensable rating (10%) prior to March 25, 2008.

The Board has determined that the Veteran's sleep apnea is not related to service or his service-connected hypertension, and thus denied the claim for service connection.

The Veteran's service-connected disabilities alone do not prevent him from securing and following a substantially gainful occupation.

The Veteran's appeals have been withdrawn, and the cases are dismissed.

The Veteran's degenerative disc disease lumbosacral spine with herniated disc pulposus L5-S1 is currently rated at 20 percent, effective November 26, 2008. The Veteran has been granted a higher rating for this condition.,The Veteran's left lower extremity sciatic nerve radiculopathy is currently rated at 10 percent, effective April 19, 2017. The Veteran was previously granted service connection for this condition in July 2017 and has not been awarded a higher rating.,The Veteran's gastroesophageal reflux disease (GERD) is currently rated as non-compensable.

The Board has found that the Veteran's sleep apnea is causally related to his military service and granted service connection for this condition. The issue of entitlement to service connection for a headache disability remains pending.

The Veteran's PTSD with mild depression has been rated at 70 percent since February 3, 2012. The Board also granted a TDIU from November 1, 2014.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for lumbosacral strain. The Veteran's chronic low back pain is related to his active military service, and the Board finds in favor of granting service connection.

The Veteran's left foot metatarsalgia and plantar fasciitis, obstructive sleep apnea, hand tremors, headaches, extreme fatigue, and hiatal hernia are all found to be related to service. The Veteran is granted service connection for these conditions.

The Veteran's right wrist scarring is not compensable, but he meets the criteria for TDIU based on his service-connected disabilities.

The Veteran's DDD of the lumbosacral spine has been rated at 40 percent since February 21, 2017. The initial ratings for limited abduction, flexion, and extension of the left hip have also been granted.