Sleep apnea decisions — 2017

The Veteran's appeal is being remanded due to her request for a videoconference hearing. The Board will schedule the Veteran for such a hearing at a local VA office.

The Veteran's service connection claim for pulmonary fibrosis has been granted. From November 16, 2010 through February 13, 2012, the Veteran was awarded a 20% rating for his bilateral hearing loss disability.

The Veteran's lumbosacral strain was rated at 20% prior to April 18, 2016 and granted a 40% rating effective from that date. Bilateral lower extremity sciatic nerve radiculopathy has been rated as 10%. The Veteran is not entitled to higher ratings for either condition.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment during the period from December 28, 2009 to September 30, 2011.

The Veteran withdrew his appeal prior to the Board's decision.

The Board denied the appellant's claims for increased ratings and TDIU based on his service-connected lumbar spine disability and right lower extremity radiculopathy. The VA examiner found that the appellant’s symptoms did not meet the criteria for a higher rating under the applicable schedular guidelines.

The Board has determined that the Veteran's sleep apnea, tinnitus, left shoulder disability, and allergic rhinitis are all service-connected.,The evidence supports the Veteran's claims for these conditions, with a preponderance of the evidence showing their onset during his military service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for a lumbar spine disorder. The remaining claims are denied.

The Veteran's appeal for a rating in excess of 20 percent for right foot cuboid syndrome has been dismissed as the appellant, through his authorized representative, withdrew the appeal.

The Veteran's lumbar spine disability is rated at 20 percent, effective July 9, 2013. His bilateral lower extremity radiculopathy is currently rated at 10 percent.

The Veteran's appeal was granted for total disability rating based on individual unemployability due to service-connected disabilities. The other issues were dismissed as the Veteran withdrew his claims.

The Veteran withdrew all his pending appeals, including those for increased rating for PTSD, service connection for bilateral hearing loss, tinnitus, Gulf War Syndrome-related conditions (including a bilateral knee condition, headaches, joint pain, a neurologic disorder, and a skin rash), and whether new and material evidence has been received to reopen a claim for service connection for a sleep disorder.

The Veteran's claim for service connection for sleep apnea is being remanded due to the inadequacy of the VA examination report and the need to develop both direct and secondary theories of entitlement.

The Board has determined that the Veteran's obstructive sleep apnea is service connected, with his sinusitis contributing to its development. The remaining issues of higher initial ratings for bilateral pes planus and plantar fasciitis, TDIU, and an effective date prior to August 1, 2007, for service connection are being remanded.

The Board has determined that the Veteran's sleep apnea did not have onset during active service, was not caused by active service, and was not caused or aggravated by service-connected disability. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected PTSD. The issues of service connection for obstructive sleep apnea (secondary to PTSD), a rating in excess of 50 percent for PTSD, and TDIU are also being remanded.

The Board finds that the Veteran's cervical, thoracic, and lumbosacral spine disabilities are not related to service. The preponderance of evidence indicates these conditions were caused by civilian work rather than an in-service injury.,Service connection for a cervical spine disability, thoracic spine disability, and lumbosacral spine disability is denied as the Veteran's current spine disabilities are more likely due to his civilian employment.

The Veteran's claims for increased evaluations of his lumbosacral strain with residual degenerative disc disease and fracture of the right thumb were denied. The Board found that the evidence did not support an evaluation in excess of the current ratings.

The Board has decided to remand the case for further development due to inadequate medical opinion regarding the etiology of the Veteran's low back disability.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and finds that new and material evidence has been received. The Veteran's sleep apnea is found to have begun in service, raising a reasonable possibility of substantiating his claim.