Sleep apnea decisions — 2017

The Board denied service connection for headaches and obstructive sleep apnea, finding no new and material evidence to reopen the claims. The Veteran's current symptoms are attributed to known clinical diseases.

The Board has determined that the character of the Veteran's discharge from military service for the period from May 1969 to July 1972 is not a bar to VA benefits.

The Board has granted the Veteran's claim for a TDIU, but found that an effective date prior to January 18, 2012 is not warranted as his employment at Fred Meyer was not considered marginal.

The Veteran's claim for a higher rating for bronchial asthma with OSA is granted, and his TDIU rating is also granted.

The Board granted an earlier effective date of October 2, 1995 for a TDIU and assigned a disability rating of 60 percent for the Veteran's service-connected degenerative disc disease of the lumbosacral spine as of April 13, 2007.

The Veteran's obstructive sleep apnea and restless leg syndrome are granted service connection as they are related to her military service.

The Board has remanded the case for further development, including obtaining VA treatment records and providing a new VA examination to determine if any current left shoulder condition is related to service. The Veteran's lumbosacral condition claim remains on appeal.

The Board has remanded this case for additional development, including a comprehensive vocational assessment and functional capacity evaluation to determine the Veteran's ability to perform in his occupational field given his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining VA and private treatment records since November 2014, providing a medical opinion regarding the etiology of the Veteran's sleep apnea, and readjudicating the claim.

The Board found that the Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has granted service connection for insomnia and obstructive sleep apnea as secondary to the Veteran's service-connected disorders, including multiple sclerosis.

The Veteran's obstructive sleep apnea was found to be incurred in active service, and the Board granted service connection for this condition.

The Veteran's appeal is being remanded due to outstanding medical records and the need for additional examinations. The claims will be reconsidered after these actions are completed.

The Veteran's low back disability, including DDD L5-S1, strain, and myositis, has been rated at 40 percent since May 1995. The Board found that the evidence did not support a higher rating due to lack of incapacitating episodes or unfavorable ankylosis.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service-connected conditions and their impact on employment, as well as the need to obtain SSA disability records and other relevant treatment records.

The Board has determined that the Veteran's sleep apnea did not have its clinical onset in service and is not otherwise related to active duty. As a result, the claim for service connection for sleep apnea is denied.

The Veteran has been granted service connection for obstructive sleep apnea, with the Board finding that symptoms began during active service and have persisted since.

The Veteran's claims for increased ratings for his service-connected conditions have been denied. The Board finds that the evidence does not support a higher rating for any of these conditions.

The Board has determined that the Veteran's current right knee disability, acquired psychiatric disorder (including MDD, PTSD, and anxiety disorder), sleep apnea, diabetes mellitus, colon polyps, bilateral hand disorder (thumb arthritis), CTS of the upper extremities, and right ear hearing loss are related to his military service. The claims for these conditions have been granted.

The Veteran's appeal is being remanded due to scheduling issues for a hearing. Service connection for sleep apnea as secondary to service-connected PTSD, diabetes mellitus II, and heart disease, as well as due to Agent Orange exposure, remains under consideration.