Sleep apnea decisions — 2017

The Veteran's claim for service connection for obstructive sleep apnea, secondary to PTSD, is granted. The initial rating for the keloid scar of the right foot remains at 10 percent. A higher disability rating for PTSD and an effective date earlier than August 10, 2010 are denied. An effective date earlier than August 10, 2010 for a 40 percent rating for right ankle fracture residuals based on CUE is granted. SMC at the housebound rate is granted with an effective date of August 30, 2006. The grant of service connection for a keloid scar of the right foot is granted with an effective date of November 22, 2013.

The Veteran's sleep disorder, cervical spine disability, and bilateral testicle disability are all found to be related to his active service. The Board has granted service connection for these conditions.

The Veteran's claim for an initial compensable rating for recurrent tension headaches has been granted, and he is now receiving a 30 percent disability rating. His TDIU claim has also been granted.

The Board has granted service connection for Degenerative Disc Disease (DDD) of the lumbosacral spine with spondylolisthesis and canal stenosis, finding it at least as likely as not related to the Veteran's military service. The issue of a TDIU prior to August 1, 2016 is remanded for further development.

The Veteran's hypertension and OSA were not shown to be related to service, including presumed herbicide exposure or service-connected PTSD.,Both conditions first manifested many years after the Veteran's separation from active duty.

The Veteran's appeal for an increased rating for his service-connected back disability from May 25, 2010 forward was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes meeting the criteria for a higher rating.

The Veteran's claim for service connection for chronic lumbosacral strain with degenerative changes, bilateral pes planus, and bilateral hyperkeratosis with hyperhidrosis of the feet was denied effective March 28, 2008.,The Veteran's claim for service connection for bilateral pes planus was denied effective March 28, 2008. The denial was based on a lack of current disability and no in-service injury or aggravation.,The Veteran's claim for service connection for bilateral hyperkeratosis with hyperhidrosis of the feet was denied effective March 28, 2008. The denial was based on a lack of current disability and no in-service injury or aggravation.

The Veteran's appeal is denied as the Board finds no evidence of a current right rib disability. Service connection for bilateral hearing loss and left ankle DJD are established, but not service connected. The Veteran's claim for increased ratings for his service-connected disabilities remains pending.

The Veteran's claims for earlier effective date for sleep apnea and increased rating for left knee disability were denied. The claim for TDIU was not adjudicated as it was not raised in the current appeal period.

The Veteran's increased rating claim for cervical spine DDD is granted, with a current disability rating of 20 percent.,Service connection for OSA is granted.

The Veteran seeks service connection for obstructive sleep apnea, which he asserts is secondary to his service-connected PTSD. The case is being remanded for further medical clarification regarding the relationship between the Veteran's obstructive sleep apnea and both active service and his service-connected PTSD.

The Veteran's OSA is currently rated at 50 percent, and the effective date for service connection remains February 27, 2013. The claim for an earlier effective date was denied as there is no evidence of a prior informal or formal claim before this date.

The Veteran's claims for service connection have been denied. The Board found that the evidence did not meet the criteria for service connection based on an undiagnosed illness or other qualifying chronic disability.

The Board has determined that the Veteran's sleep apnea is caused by his service-connected asthma and granted service connection for this condition.

The Board has determined that the Veteran's sleep apnea is not related to service, and his other specified trauma-related disorder with MDD and a history of PTSD warrants a 30% rating. The issue of TDIU remains denied.

The VA examiner concluded that the Veteran's current sleep apnea disability is less likely than not caused by or aggravated by his service-connected pseudofolliculitis barbae and/or history of Kenalog injections.

The Veteran's claims for service connection are being remanded due to the need for additional development and examination.,The Veteran is seeking service connection for his refractive error, blepharitis, bilateral cataracts, tinea, and chronic lumbosacral strain. The Board finds that further development is necessary before a decision can be made on these claims.,Service connection for mild venous valvular insufficiency is also at issue. The Veteran seeks service connection based on his diabetes mellitus, type II.,The Veteran's claim for tinea is related to his military service and the Board finds that further examination is necessary to determine if it was aggravated by his diabetes mellitus, type II.,Service connection for chronic lumbosacral strain with herniated nucleus pulposus is also at issue. The Veteran seeks service connection based on his military service.

The Board has granted the Veteran's petition to reopen his previously denied sleep apnea service connection claim. However, the issue of whether he is entitled to service connection for sleep apnea remains pending and requires further development.

The Board has determined that the Veteran's claims for service connection for pseudofolliculitis barbae, lumbosacral strain, and gum disease have not been established. The claim for a compensable disability rating for onychomycosis prior to August 27, 2012, and an increased disability rating in excess of 10 percent thereafter has also been denied.

The Veteran's lumbar spine disability has been rated at 40 percent since December 2000. The Board found that the evidence did not support a higher rating based on unfavorable ankylosis or incapacitating episodes of back pain requiring bed rest prescribed by a physician.