Sleep apnea decisions — 2017

The Board has remanded the case for additional development to obtain VA opinions regarding the Veteran's low back, obstructive sleep apnea, and respiratory disabilities. The AOJ will review the claims file and readjudicate the appeal.

The Veteran's claim for a higher rating for diabetes mellitus was denied as the evidence did not indicate that his activities were regulated due to diabetes prior to July 13, 2010. The claim for service connection for sleep apnea is remanded for further development.

The Board has granted service connection for tinnitus and found that the Veteran's left knee pain with limitation of motion is related to his military service. The issue of entitlement to service connection for sleep apnea, including sleep disturbances, remains pending.

The Veteran's appeals for service connection for bilateral hearing loss and obstructive sleep apnea have been withdrawn. The remaining issues of service connection for right knee, left knee, and low back disabilities are remanded.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain and lumbar degenerative disc disease status post microdiscectomy is being remanded due to the need for a new VA examination.

The Veteran withdrew his claims of entitlement to service connection for sleep apnea and hypertension prior to the Board's decision.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder. His tinnitus remains at a maximum rating of 10 percent, and the Board finds no basis for an increased rating. The issues of anxiety disorder NOS and discontinuity of the middle ear ossicles are remanded for additional development.

The Board has reopened the Veteran's claims for service connection for a low back disability and bilateral ankle condition, finding that new and material evidence has been received.,Service connection is granted for a low back disability and bilateral ankle condition.

The Veteran's low back strain is currently rated at 10 percent, but the Board finds that his symptoms do not warrant a higher rating as he does not have limitation of motion severe enough to meet the criteria for a higher rating.

The Veteran's claim for a permanent and total disability determination, to be eligible for Dependents' Education Assistance (DEA) benefits under Title 38, Chapter 35, is being remanded due to the need for additional development.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar spine disability and its impact on his ability to work.

The Veteran's claim for service connection for sleep apnea, including as secondary to major depression, has been denied. The Board found no evidence of an in-service incurrence or a nexus between the Veteran's current sleep apnea and his military service.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's sleep apnea is aggravated by his service-connected Meniere's disease with vertigo. The claim will be returned for further development.

The Board has determined that the Veteran's back disability is related to his in-service injury and granted service connection. The initial rating for PTSD remains at 50 percent.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not to have developed during his military service, and thus grants service connection for this condition.

The Board denied service connection for sleep apnea and found that the Veteran's PTSD did not cause or aggravate his sleep apnea. The Veteran's right knee disability was also rated as 10 percent disabling.

The Veteran's claims for service connection for a left shoulder disorder and sleep apnea, including as secondary to PTSD with major depressive disorder, are denied. The claim for TDIU prior to July 1, 2013 is also denied.

The Veteran's claim for a higher rating for his service-connected lumbosacral degenerative disc disease was denied as the evidence did not show ankylosis or other conditions warranting a higher rating.

The Board has ordered additional development due to outstanding treatment records, including those from private providers and VA sleep study appointments. The Veteran's claim for service connection for sleep apnea is remanded.

The Veteran's intestinal condition, including colitis and diverticulitis, is found to be service-connected.,Prior to December 14, 2012, the Veteran's sinusitis with allergic rhinitis was not considered disabling enough for a compensable rating.