Sleep apnea decisions — 2017

The Veteran's claim for nonservice-connected pension benefits was denied prior to his parole date of May 18, 2012 due to incarceration following a conviction.

The Veteran's sinusitis with allergic rhinitis is currently rated at 30 percent, effective May 31, 2013. The Board finds that the evidence does not meet or more nearly reflect the criteria for a higher rating prior to this date.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports and inextricably intertwined issues.

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

The Board denied service connection for an acquired psychiatric disorder, obstructive sleep apnea, and hypertension. The Veteran's claims were based on direct evidence rather than presumptive exposure to Agent Orange or other environmental factors.

The Veteran's service connection claim for sleep apnea is granted as the evidence shows it is at least as likely as not that his current condition began during his military service.

The Board has remanded the case for additional development due to missing VA medical records from 2006. The Veteran's claim of entitlement to service connection for sleep apnea, which is secondary to his service-connected disabilities, will be reconsidered.

The Veteran's skin disorder, GERD/hiatal hernia, IBS/diverticulitis, sleep apnea, and hypertension are not shown to be related to service or due to herbicide agent exposure. The Board finds that the preponderance of evidence is against these claims.

The Veteran's PTSD is rated at 70 percent, reflecting significant impairment in social and occupational functioning.

The Veteran's appeal is being remanded for further development due to the need for additional examinations and opinions regarding his sleep apnea, bilateral anterior lower extremity strains, and right lower extremity disability.

The Board has determined that the Veteran's left shoulder replacement and related conditions, high cholesterol, right knee scope and condition, left knee scope and condition, and monoclonal gammopathy of undetermined significance (MGUS) are all service-connected.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative.

The Veteran's claims for service connection were denied. The Board found that the evidence was at least in equipoise as to whether he had tinnitus, and granted service connection for this condition.,Service connection for PTSD was granted effective August 13, 2012, which is also the earliest available effective date for SMC based on housebound status.

The Veteran's sleep apnea is related to his military service and the Board has granted service connection for this condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations. The Veteran's claims of service connection for various conditions are being reviewed.

The Board has determined that the Veteran's current sleep apnea, chronic obstructive pulmonary disease, hypertension, and rib disorder are not related to service or any service-connected disability.

The Veteran's service-connected disabilities prevent him from achieving a vocational goal as an automotive supervisor, and the Board finds that achievement of such a goal is not reasonably feasible.

The Board has remanded the case due to the Veteran's request for a videoconference hearing and his notice of disagreement regarding the rating assigned for left foot hammertoes. The appeal is now pending before the Board.

The Veteran's costochondritis, lumbosacral strain, and right lower extremity radiculopathy have been rated based on their service-connected status. The initial compensable disability rating for costochondritis has not been met due to subjective accounts of pain without functional loss or other evidence of impairment. Increased ratings for the back issues are denied as there is no additional evidence showing more severe symptoms beyond what was already established at the time of the June 2012 decision granting a 10 percent disability rating for right ankle disability.

The Board has determined that the Veteran's right side lower extremity radiculopathy symptoms approximate no more than moderate incomplete paralysis of the sciatic nerve, and thus an initial rating in excess of 20 percent is not warranted. The issue of service connection for obstructive sleep apnea as secondary to PTSD with bipolar disorder was remanded due to inadequate rationale provided by the November 2015 VA opinion.