Sleep apnea decisions — 2017

The Veteran's claim for a higher evaluation for his service-connected back disability has been denied as the evidence does not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's right knee strain and obstructive sleep apnea have resulted in a combined rating of 60%, which does not meet the schedular criteria for TDIU. However, due to significant functional limitations caused by his service-connected disabilities, including right knee, cervical spine, left foot, and right foot conditions, he may be eligible for extraschedular TDIU.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred during her military service and is not related to any in-service event, injury or illness. The VA examiner concluded that the Veteran's OSA is less likely than not caused by her military service.

The Board has ordered a new VA examination to determine if the Veteran's obstructive sleep apnea-hypopnea syndrome is related to service or his service-connected PTSD. The case will be remanded for further development and readjudication.

The Board has granted the Veteran's claim of entitlement to service connection for sleep apnea, finding that the evidence is in relative equipoise as to whether his condition had its onset during service. The heart condition issue and hearing loss rating are remanded for further development.

The Board has reopened the Veteran's claim of service connection for PTSD and granted service connection for an acquired psychiatric disorder, including PTSD. The right arm condition is not related to his military service.

The Veteran's appeal is being remanded due to the need for additional development, including verification of exposure to toxins while in service and examinations to determine the cause of his disabilities.

The Board has remanded the case for further development and examination, including obtaining SSA records and scheduling a VA examination to determine the etiology of the Veteran's asthma. The claims will be reconsidered after these actions.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining VA treatment records and SSA disability benefits documents. The case will be remanded to allow for these actions.

The Board has dismissed the Veteran's claim for bilateral hearing loss. The claim for service connection for residuals of a traumatic brain injury is granted, but the claim for obstructive sleep apnea and hemorrhoids are denied.

The Veteran's claim for increased evaluation for his service-connected chronic lumbosacral strain with radiculopathy is being remanded due to the need for a new VA examination and consideration of outstanding treatment records.

The Board has reopened the claim of service connection for PTSD and granted a rating in excess of 50 percent for adjustment disorder with anxiety and depression. Service connection was denied for ED, GERD, OSA, a GI disorder, and a sleep disorder (other than OSA). The Veteran's hypertension is rated at 50 percent.

The Veteran's back disability was rated at 20 percent prior to May 17, 2016 and after April 1, 2017. Effective May 17, 2016, the Veteran is entitled to a 40 percent rating for his service-connected lumbosacral strain. The Veteran's gastritis condition was rated at 20 percent prior to May 17, 2016 and after April 1, 2017.

The Veteran's temporary total evaluation for hospitalization due to atrial fibrillation is denied as the hospitalization was less than 21 days.

The Veteran's fibromyalgia was granted an increased rating to 40 percent effective December 13, 2010. The issue of separate disability ratings for sleep apnea and asthma or a higher combined rating remains unresolved.

The Board has decided to remand the Veteran's claims for further development due to inadequate findings from a previous VA examination and the need to obtain additional records.

The Veteran's claims for fibromyalgia, IBS, left knee disability, right leg disability, low back disability, and sleep apnea have been denied as they are not service-connected.

The Board found that the Veteran's current low back disability is not related to his active service, and thus denied his claim for service connection.

The Board found no evidence of a current left knee disability, sinus disability or obstructive sleep apnea that is related to service.,Service connection was denied for all three conditions.

The Board found that the evidence does not support service connection for obstructive sleep apnea or a lumbar spine disability, and denied these claims. Service connection was granted for PTSD with an initial 30 percent rating effective March 2010.