Sleep apnea decisions — 2017

The Board has determined that the Veteran is not entitled to service connection for bilateral hearing loss or sleep apnea as his conditions are not causally related to his active service.

The Veteran's current obstructive sleep apnea is found to have had its onset during service, and the Board grants service connection for this condition.

The Veteran's claim for service connection for a respiratory disorder, including sleep apnea and asthma, is being remanded due to the need for further development. The issue will be reconsidered in light of all theories of entitlement.

The Veteran's service-connected disabilities do not prevent him from obtaining or maintaining a substantially gainful occupation.

The Veteran's appeal is remanded for further evidentiary development, including an addendum VA examination to address the functional loss due to flare-ups and additional limitation of motion.

The Board has determined that the Veteran's current back disability, obstructive sleep apnea, diabetes mellitus, type II, and bilateral foot disabilities are related to his service. However, there is no evidence of herbicide exposure during service or a direct link between these conditions.

The Veteran's sinusitis, sleep apnea, and right ankle disability have been granted service connection. The Veteran has also been awarded a 30% rating for GERD.

The Veteran's appeal is being remanded due to the need for VA examinations to address the nature and etiology of his sleep apnea, left shoulder condition, and headaches. The Board will consider further action after these examinations are completed.

The Board has reopened the Veteran's previously denied claims for service connection for a respiratory disability and sleep apnea. The Veteran is now entitled to have his claims decided on their merits.

The Veteran's appeal is being remanded for additional development, including an updated VA examination and completion of a TDIU application. The issues include seeking higher ratings for his back disability and determining if he is unemployable due to service-connected disabilities.

The Board has reopened the Veteran's claim for service connection for snoring/breathing problems (also claimed as sleep apnea) and granted service connection for sleep apnea, finding that there is a link between the current condition and service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for bilateral hearing loss, but remanded for additional development on other issues.

The Board has remanded the case for further development, including obtaining medical opinions regarding the etiology of the Veteran's obesity and left knee disorder. The issues are being considered under secondary service connection.

The Veteran's PTSD with adjustment disorder, depressed mood, and alcohol use disorder is currently rated as 30 percent disabling. His lumbosacral strain is currently rated as 10 percent disabling. The Board finds that the preponderance of evidence does not support an increased rating for either condition.

The Board found that the Veteran's currently diagnosed obstructive sleep apnea is not related to asbestos exposure or service-connected residuals of asbestosis, and thus denied service connection for this condition.

The Veteran's appeal is being remanded due to inadequate development of his claim for a total disability rating by reason of individual unemployability (TDIU). The AOJ must ensure that the Veteran undergoes an adequate VA examination and obtain an opinion regarding whether his service-connected disabilities, including his psychiatric disorder, hearing loss, tinnitus, epicondylitis of the right elbow, and low back disability, preclude him from securing or maintaining substantially gainful employment.

The Veteran's lumbar spine, headaches, and obstructive sleep apnea are found to be related to his service-connected left knee disability. The effective dates for the grant of service connection for hearing loss and tinnitus have been established.

The Veteran's claim for service connection for traumatic headaches has been granted, with a rating of 30 percent effective February 20, 2017.,Prior to February 20, 2017, the Veteran was not entitled to any compensation for his headaches.

The Veteran's appeal is being remanded for a Board videoconference hearing to address his claim of entitlement to a total disability rating for individual unemployability due to the service-connected disabilities (TDIU).

The Board found that the Veteran's hearing loss, sleep apnea, and hypertension were not incurred or aggravated by service. The claims for these conditions are therefore denied.