Sleep apnea decisions — 2017

The Veteran meets the schedular requirements for TDIU from February 9, 2004; his service-connected disabilities rendered him unemployable.

The Veteran's sleep apnea is found to be causally related to his active service. The Veteran has withdrawn his appeal regarding the issue of entitlement to service connection for tinnitus.

The Board has determined that the Veteran's sleep apnea did not manifest in service and is not otherwise related to service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's sleep apnea is granted as accrued benefits, and his PTSD remains at a 50% rating for accrued benefits purposes.

The Board has granted service connection for left lower extremity radiculopathy secondary to lumbosacral strain and assigned a 10 percent rating effective May 21, 2015. The Veteran's claim for an earlier effective date is also granted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that new and material evidence had been submitted to reopen her claim. However, the Board determined that there was no in-service onset of sleep apnea and no nexus between her current disability and service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during active service and grants entitlement to service connection for this condition.

The Board has remanded the case for further development due to conflicting opinions on whether the Veteran's hysterectomy was related to her service-connected granulosa cell tumor.

The Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea is denied as there was no attempt to reopen his claim prior to April 8, 2010.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues include increased ratings for PTSD, lumbar spine disability, right hip disorder, and sleep apnea; service connection for a right hip disorder secondary to lumbar spine or radiculopathy disabilities; and TDIU prior to August 27, 2013.

The Veteran's GERD is currently rated as 30 percent disabling, effective from the date of his claim.,There is at least equipoise evidence that the Veteran's sleep apnea may be aggravated by his service-connected GERD.

The Board denied the Veteran's claims for service connection for sleep apnea and a rating in excess of 10 percent for hypertension. The Veteran's current diagnoses were not related to his military service, and there was no evidence linking his current disabilities to any service-connected conditions.

The Veteran meets the schedular criteria for TDIU consideration and his service-connected disabilities prevent him from maintaining substantially gainful employment.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and associated left L5-S1 radiculopathy do not meet the criteria for a higher disability rating under the applicable VA rating criteria.

The Board has granted service connection for panic disorder with social phobia, major depressive disorder (diagnosed as bipolar disorder), sleep apnea, and bilateral shoulder disability. The conditions are all found to be secondary to the Veteran's service-connected PTSD.

The Veteran's claims for increased evaluations of his back disability and right shoulder tendonitis are being remanded due to the need for additional examinations that comply with VA regulations.

The Veteran's appeal is being remanded for additional development, including VA psychiatric examinations to determine the current severity of his PTSD symptoms. The issues include service connection for sleep apnea and increased rating for PTSD.

The Board has granted service connection for bilateral pes planus and obstructive sleep apnea, finding that the Veteran's pre-existing conditions worsened during active duty. The claims for pseudofolliculitis barbae, hypertension, and tinea corporis remain pending as new evidence was not received to reopen them.

The Board has determined that the Veteran's pre-existing sleep apnea disability was not aggravated by his second period of active service, and therefore, he is entitled to service connection for this condition.