Sleep apnea decisions — 2017

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's sleep apnea, as well as to address his service connection claim for this condition. The Veteran's service-connected asthma may also be considered in relation to his sleep apnea.

The Veteran's sleep apnea was granted service connection, with the effective date set at the date of the decision.,Service connection for a right knee disability was denied due to failure to appeal the June 1994 rating decision within one year. The Veteran's claim is pending for an earlier effective date based on CUE.

The Board has remanded the Veteran's claims for further development, including scheduling a hearing and arranging for a VA examination to determine the nature and cause of his restless leg syndrome.

The Veteran's appeal is being remanded for additional examinations to determine the nature and likely cause of his sleep apnea, back condition, left knee condition, and bilateral plantar fasciitis. The VA will also need to clarify if there are any other foot disorders related to his service-connected conditions.

The Veteran's claims for service connection are being remanded due to insufficient information provided regarding the bases of his claims and the specific residuals related to his varicolectomy and tracheotomy. The AOJ is also requested to confirm the Veteran's in-service TDY in the Republic of Vietnam.

The Board found no evidence of a continuity of symptoms from service to the present for sleep apnea, asthma, allergies, and back disability. The VA examiner opined that these conditions are not related to service.,The Veteran's current back disability is more likely due to an age-related process accelerated by his overweight status.

The Board has determined that the Veteran's sleep disorder is related to his service-connected major depression and has granted service connection for a sleep disorder.

The Board has determined that the Veteran's sleep apnea was incurred during service and is granted as a result.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing new VA examinations to assess the current severity of his service-connected right shoulder arthritis, cervical spine DDD with spasms, and lumbosacral spine DDD.

The Board found that the Veteran's obstructive sleep apnea (OSA) is not related to his service-connected disabilities, including posttraumatic stress disorder (PTSD), coronary artery disease (CAD), diabetes mellitus (DM), or esophageal varices. The evidence did not support a secondary service connection theory.

The Veteran's DJD and DDD of the lumbosacral spine was granted a 40% rating from November 25, 2007 to March 7, 2012. The appeal for higher ratings is denied.

The Veteran's initial rating for her orthopedic manifestations of low back disability was granted at 20 percent, effective February 2, 2009. The neurologic manifestations were rated separately and also at 10 percent, effective June 7, 2010.

The Board found that the evidence does not support service connection for sleep apnea, as there is no medical documentation of symptoms or diagnosis during service. The Veteran's current condition was diagnosed 19 years after service and attributed to obesity.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain and mood disorder prior to November 1, 2012 were denied. The Board found that the current disability ratings adequately reflected the severity of the conditions.

The Board denied the Veteran's claims for ratings in excess of 20 percent prior to April 22, 2013 and in excess of 40 percent from April 22, 2013 forward for lumbosacral strain. The TDIU claim was also denied.

The Veteran's PTSD renders him unable to secure and maintain substantially gainful employment as of March 11, 2008. His service-connected disabilities meet the criteria for a TDIU.

The Veteran's degenerative arthritis of the lumbosacral spine has not been shown to warrant a rating higher than 10 percent prior to April 21, 2010.

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

The Board found that there is no current diagnosis of sleep apnea in the Veteran's medical records and thus denied his claim for service connection.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar and cervical spine disabilities, as well as an evaluation of his sleep apnea and traumatic brain injury claims.