Sleep apnea decisions — 2017

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and a current psychiatric disability, finding that there is no evidence linking these conditions to his military service.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of a chronic disability during service or that any current disabilities are related to service.

The Veteran's initial compensable evaluation for left leg sciatica prior to January 5, 2015 and a rating in excess of 20 percent thereafter has not been met. The Board finds that the criteria for an increased evaluation have not been satisfied.

The Board has granted service connection for right ear hearing loss as secondary to service-connected headaches. However, the claim of entitlement to service connection for sleep apnea, head injury, and left foot bone spur have been denied due to lack of evidence linking these conditions to active service or service-connected disabilities.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination to assess the current severity of his disability.

The Veteran's appeal was denied for an increased rating for his low back disability, radiculopathy of the right and left lower extremities, service connection for a psychiatric disorder secondary to his low back disability, and TDIU. The Board found that the assigned schedular ratings adequately reflected the Veteran's disability picture.

The Board has granted a dependency allowance for the Veteran's dependent spouse, K.M.V., and has reopened several previously denied claims of service connection.

The Veteran has withdrawn his appeals for the issues of entitlement to a compensable disability rating for otitis media and service connection for diabetes mellitus type II, hypertension, sleep apnea, ischemic heart disease, GERD, erectile dysfunction, renal failure, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, and TDIU. The appeal is dismissed.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the necessary examinations.

The Veteran's combined rating for service-connected disabilities is 80 percent, which meets the schedular requirements for a TDIU. The Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities and grants a TDIU.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including the submission of new evidence.

The Board has remanded the Veteran's claims for additional development, including scheduling VA examinations and obtaining relevant medical records. The Veteran is required to report for any scheduled examination.

The Veteran's obstructive sleep apnea is found to have started during his military service and the Board grants service connection for this condition.

The VA determined that the appellant's service-connected low back disability did not warrant a rating higher than 10 percent from April 30, 2008, to November 8, 2015. Beginning November 9, 2015, the VA found that the disability warranted a 10 percent rating.

The Board denied an increased disability rating in excess of 20 percent for the service-connected back disability, finding that there is no evidence of additional limitation of motion associated with flare-ups without resorting to mere speculation.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected peripheral neuropathy, and thus grants service connection for sleep apnea as secondary to service-connected peripheral neuropathy.

The Board denied the Veteran's claims for service connection for sleep apnea and peripheral vascular disease of the bilateral lower extremities, finding that there was no medical evidence linking these conditions to his military service or a previously service-connected disability. The Veteran's service treatment records were silent for any complaints or diagnoses related to these conditions, and the weight of the competent medical opinions indicated that they were not caused by or aggravated by his diabetes, ischemic heart disease, or other service-connected disabilities.,The Board also denied the Veteran's claim for TDIU, finding that his service-connected disabilities did not prevent him from securing and maintaining substantially gainful employment.

The Veteran withdrew his appeal for a higher initial disability rating for degenerative disc disease of the lumbosacral spine, expressing satisfaction with the current rating and service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of his claim for TDIU prior to January 12, 2010.

The Board has found substantial compliance with its remand directives. The Veteran's claims for service connection, increased rating, and TDIU are addressed in the REMAND portion of this decision.