Sleep apnea decisions — 2017

The Veteran's claim for service connection for chronic fatigue syndrome was withdrawn.,The Veteran is entitled to a 30 percent rating for bilateral temporomandibular dysfunction prior to October 7, 2014 and in excess of 30 percent thereafter. ,The Veteran is entitled to a 30 percent rating for migraine headaches prior to October 9, 2014 and in excess of 30 percent thereafter.,The Veteran is entitled to TDIU based on his service-connected disabilities.

The Veteran's sleep apnea is found to be proximately due to his service-connected PTSD. The Board also finds that a rating in excess of 10 percent for diverticulosis and left lower extremity radiculopathy is not warranted.

The Veteran's appeal is being remanded for further development, including obtaining additional medical opinions and evidence to determine the nature and etiology of his respiratory disorder and left ear hearing loss.

The Board has determined that additional development is needed to determine the etiology of the Veteran's sleep apnea and restless leg syndrome, including whether they are related to service or a service-connected condition.

The Board has determined that the Veteran's current back disability is not related to service and therefore denied her claim for service connection.

The Board denied the Veteran's claims for service connection for memory loss, right ear hearing loss, and sleep apnea. The decision found that new and material evidence had not been submitted to reopen the claim for memory loss, and that there was no evidence of a current disability related to service for right ear hearing loss or sleep apnea.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board has ordered a remand to obtain an updated VA medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected disabilities, including psychiatric medications.

The Board has determined that the Veteran's bilateral eye retinitis pigmentosa was incurred in service, and his current right eye retinal tear, cataracts / nuclear sclerosis, pseudophakia, and dry eye syndrome are presumed to have been aggravated by service. The tinnitus claim is denied.

The Veteran's sleep apnea is found to be etiologically related to his service-connected PTSD, and the claim for service connection for this condition is granted.

The Veteran's service connection claims for TBI, low back disability, sleep apnea, skin disability (folliculitis), and right ankle/foot disability have been granted. The Board found that the evidence supported these determinations based on sound medical opinions.

The Board has denied the Veteran's claims for increased ratings and service connection for various disabilities, including lumbosacral spine disability, cervical spine disability, right shoulder disability, right hip disability, right knee disability, right leg disability, and right foot disability.

The Veteran's low back disability is currently rated at 20 percent under the General Formula for Diseases and Injuries of the Spine, but does not meet the criteria for a higher rating based on forward flexion limited to 30 degrees or less or ankylosis. The Board denied a higher rating as there was no evidence of IVDS.

The Board has determined that additional development is needed for the Veteran's claims, including scheduling examinations to determine if his current conditions are related to service and whether they are caused by head trauma.

The Board has determined that the Veteran's obstructive sleep apnea originated during service and is therefore granted service connection.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and updating the claims file with any relevant medical evidence.

The Board has decided to remand the case for further development, including obtaining a VA examination and additional medical records. The Veteran's claim of service connection for sleep apnea will be reconsidered after this additional evidence is obtained.

The Board has granted service connection for sleep apnea and assigned a 10 percent rating effective December 10, 2002. The Veteran's DJD of the thumbs and great toes are rated at 10 percent prior to April 18, 2014, and higher than 10 percent as of that date.

The Board has determined that the Veteran's cause of death is related to his active military service, granting service connection for the cause of the Veteran's death.

The Veteran's tinnitus is found to be related to his active service. The issue of whether the Veteran's obstructive sleep apnea is due to herbicide exposure and/or secondary to PTSD remains pending.