Sleep apnea decisions — 2017

The Veteran's low back disability has been rated as 10 percent disabling since April 2010, reflecting the severity of his symptoms and limitation of motion.

The Veteran's appeal for service connection for a left varicocele has been withdrawn. The Board finds in favor of the Veteran on his claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not that the condition had its onset during active duty.

The Board has denied the Veteran's claims for service connection for bilateral hip DJD and lumbosacral spine DJD, finding that there is no evidence linking these conditions to his active duty service. The claim for TDIU remains pending as it is inextricably intertwined with the issue of service connection.

The Veteran's claims for increased evaluations and service connection are being remanded due to the need for additional development, including VA examinations.

The Veteran's increased rating claim for epilepsy was denied, his left shoulder disability service connection claim was not granted, and he was granted a TDIU.

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

The Board has remanded the claim for TDIU due to inadequate VA examination reports and requested new examinations. The case will be returned to the AOJ for further action.

The Board has determined that the Veteran's sleep disorder, including upper airway resistance syndrome and sleep apnea, manifested during his military service. As a result, the claim for service connection is granted.

The Board denied the Veteran's claims for a compensable initial rating prior to April 15, 2015, for radiculopathy of the bilateral lower extremities and a rating in excess of 20 percent for discogenic degenerative changes, lumbosacral spine with intervertebral disc syndrome (IVDS).

The Veteran's migraines are rated at 30 percent, while his lumbosacral strain does not meet the criteria for a higher rating.

The Board found that the Veteran does not have a current disability of the back that manifested during, or as a result of, active military service, nor does he have a current disability of the back that was caused by, or aggravated by, a service-connected disability.

The Veteran's service-connected recurrent major depression and bulimia nervosa resulted in total occupational and social impairment from April 2, 2008 to December 22, 2009.

The Board has determined that the Veteran's obstructive sleep apnea did not manifest in service, is not otherwise related to service, and is not caused or aggravated by his service-connected bilateral knee disability. Therefore, the claim for service connection for obstructive sleep apnea is denied.

The Board found that the Veteran's sleep apnea did not have its onset during active service and is not otherwise etiologically related to active service, thus denying the claim for service connection.

The Board has determined that the Veteran's sleep apnea is related to his active duty service and grants service connection for this condition.

The Board has remanded the case for additional development, including scheduling a VA examination to address whether the Veteran's sleep apnea is proximately due or aggravated by his service-connected tinnitus and bilateral hearing loss.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep apnea. The competent and credible evidence on record indicates that the Veteran's currently diagnosed sleep apnea had its onset during military service and is related to such service.

The Veteran's disability ratings were reduced from 40 percent to 10 percent for lumbosacral paravertebral myositis, effective June 1, 2011. The reduction was found to be proper as there had been no actual improvement in the Veteran's condition.

The Veteran's left hand dermatofibrosarcoma protuberans was granted service connection on a presumptive basis due to herbicide agent exposure.,Service connection for hypertension is pending as the issue remains unclear.

The Board denied the Veteran's claims for an effective date prior to May 31, 2011, for the award of dependent compensation for his spouse and child. The decision stated that VA did not receive evidence within a year of either event or become aware of their existence before May 31, 2011.