Sleep apnea decisions — 2017

The Board has remanded the case for further development and readjudication of the appellant's claims, including those regarding service connection. The character of discharge issue is also being addressed.

The Veteran's claim for an increased evaluation of his service-connected back condition is being remanded due to the need for a new VA examination.

The Veteran's service-connected lumbosacral spine strain, L4-L5 disc protrusion, and L5-S1 annular tear are currently rated at 40 percent disabling from October 14, 2015. The Board finds that the evidence does not support a higher rating for any period on appeal.

The Veteran's claims for service connection for PTSD, anxiety, and sleep apnea were denied as he did not have these conditions during the appeal period. The claim for TDIU was also denied due to lack of any service-connected disabilities.

The Board found that the Veteran's obstructive sleep apnea did not manifest in service, is not otherwise related to his military service, and is not caused or aggravated by his service-connected residuals of stress fracture of the right femoral neck.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of engaging in sedentary employment.

The Board denied service connection for a cervical spine disability and found that the Veteran's lumbar spine disability did not warrant ratings in excess of those assigned.

The Board denied the Veteran's claims of service connection for respiratory disability and sleep apnea, finding that there was no current disability or evidence linking these conditions to his military service.

The Veteran's lumbar spine disability is characterized by limitation of flexion to more than 30 degrees without ankylosis. The Board found that the current rating of 20 percent adequately reflects his functional impairment.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's hearing loss and back disability, including obtaining service treatment records and conducting a VA examination.

The Board has determined that the Veteran's sleep apnea had its onset during service and granted service connection for this condition.

The Board has reopened the claim of service connection for sleep apnea and granted it, finding that new evidence supports a reopening of the claim and that the Veteran's symptoms during service are related to his current condition.

Throughout the rating period on appeal, the Veteran's service-connected cervical and lumbosacral spine disabilities have not met the criteria for a higher evaluation under applicable diagnostic codes.

The Board denied the Veteran's claims for service connection for sleep apnea, hypertension, ischemic heart disease, foot disability (jungle rot), PTSD, diabetes mellitus type II with erectile dysfunction, diabetic nephropathy, and prostate cancer. The Veteran's claim for an initial compensable evaluation for prostate cancer prior to March 1, 2016 was also denied.

The Board found that the Veteran's sleep apnea is not related to his service and denied his claim.

The Veteran's claims for service connection for sleep apnea and sinusitis are being remanded due to the need for a Board hearing. The appeal is not about service connection via a presumption like PACT Act, Agent Orange, Camp Lejeune, or radiation exposure.

The Veteran's hypertension is caused or aggravated by his service-connected lumbar spine disability.,The Veteran's sleep apnea manifested during military service.

The Board has determined that a remand is necessary to obtain an adequate VA examination and address the Veteran's complaints of radicular pain.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a psychiatric examination to determine the nature and relationship of his current psychiatric disabilities to service. The effective date issue regarding the lumbar spine disability will also be addressed.