Sleep apnea decisions — 2017

The Veteran's claims for service connection for sleep apnea, cervical spine disability, and headaches are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for separate evaluations for asthma and obstructive sleep apnea is denied. The Board finds that the Veteran is entitled to service connection for type II diabetes mellitus as secondary to his service-connected asthma.

The Board has determined that the Veteran does not have an objectively confirmed diagnosis of obstructive sleep apnea and therefore, service connection for this condition is denied.

The Board has remanded the case for further development, including obtaining VA treatment records and vocational rehabilitation records. The Veteran's claims for service connection and increased ratings are inextricably intertwined with his TDIU claim.

The Board has determined that the Veteran does not have a current disability of sleep apnea and finds no evidence to support an in-service event or injury related to this condition. As such, service connection for sleep apnea is denied.

The Veteran's lumbar spine disability was granted an initial rating of 10 percent prior to April 19, 2014, and a rating of 20 percent thereafter. The separate rating for LLE radiculopathy remains at 20 percent.

The Board has dismissed the appeals for service connection for cervical strain, a higher rating for lumbosacral degenerative arthritis, and TDIU as the Veteran withdrew her appeal. The issue of an initial compensable rating for left ear hearing loss is remanded.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and providing an addendum opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected deviated septum.

The Veteran's claims for increased ratings for left knee patellofemoral syndrome and lumbosacral strain with degenerative changes are being remanded due to the need for additional development, including VA examinations.

The Board has determined that the Veteran's obstructive sleep apnea, post-surgery cyst of the nose and throat, and excessive mucus in the upper and lower respiratory tracts are related to his service in the Southwest Asia theater during the Gulf War.

The Veteran's lumbar spine disability has been rated at 40 percent since November 15, 2016.

The Veteran's back disability, including degenerative arthritis and a herniated disc at L5-S1, has been rated as 40 percent disabling since November 17, 2016.

The Board has granted service connection for tinnitus and sleep apnea as secondary to PTSD. Service connection for bilateral hearing loss remains denied.

The Veteran's claim for a rating in excess of 10 percent for lumbosacral strain is being remanded due to the need for additional examination and development.

The Veteran's appeal is being remanded for additional development to address the nature and etiology of his bilateral eye disability, PTSD, and obstructive sleep apnea.

The Veteran's sleep apnea is currently rated at 50 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of chronic respiratory failure or cor pulmonale.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated treatment records and conducting VA examinations to assess his disabilities. The appeal will be remanded to the agency of original jurisdiction (AOJ).

The Veteran's claims for service connection are being remanded due to the need for further consideration and potential referral to the Undersecretary for Benefits.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and conducting VA examinations to assess the severity of his headaches and determine the nature and etiology of his sleep apnea.

The Veteran's appeal is being remanded for additional development, including a more contemporaneous VA examination to assess the severity of his lumbosacral spine disability.