Sleep apnea decisions — 2017

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and is not related to a service-connected disease or injury. The Veteran's traumatic brain injury residuals are rated as mild.

The Veteran's low back disability and bilateral lower extremity radiculopathy have been rated at the maximum available rating of 40 percent since November 23, 2015. The interstitial cystitis has also been rated at the maximum available rating of 60 percent for the entire appeal period.

The Veteran's appeal is remanded for further development, including a new VA examination to assess the severity of his service-connected lumbosacral strain with L-5 radiculopathy and consideration of additional medical records.

The Veteran's service connection claim for respiratory disability, including ethylene oxide, formaldehyde, methanol and phenol exposure, is granted. The Board finds that the evidence supports a link between these exposures and her current respiratory condition.

The Board denied the Veteran's claims for service connection for restless leg syndrome and obstructive sleep apnea, finding that there was no evidence of their onset during service or due to a service-connected disability.

The Veteran's service connection claims for right and left carpal tunnel syndrome, hypertension, and asthma with COPD and OSA have been granted. The effective dates are September 4, 1998.

The Veteran's service-connected knee and back disabilities are not sufficiently incapacitating to prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for unfavorable ankylosis or incapacitating episodes of IVDS.

The Veteran's service-connected lumbosacral strain with radicular pain in both lower extremities does not meet the criteria for a rating higher than 20 percent.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as aggravated by his service-connected posttraumatic stress disorder, finding that there is no objective evidence to support this claim.

The Veteran's lumbar strain disability is currently rated at 20 percent, and the Board has granted a higher rating for radiculopathy of the left lower extremity as secondary to service-connected lumbar strain. The claim for an increased rating for lumbar strain remains pending.

The Veteran's claims for effective dates prior to January 30, 2006 and August 13, 2012 were granted. Effective dates of October 26, 2005 (prior to the grant of service connection) and August 13, 2012 (for radiculopathy), respectively, have been assigned.,The effective date for the grant of service connection for radiculopathy was determined based on the first chronic manifestations sufficient to identify the disease entity during the appeal period. These were identified in a VA examination conducted on August 13, 2012.

The Veteran's claims for service connection for sleep apnea, tendonitis of the right thumb, and increased ratings for bilateral hearing loss disability and tinnitus were denied. The Veteran's claim for TDIU was not addressed in this decision.

The Board has remanded the case due to the Veteran's incarceration and lack of VA examinations. The Veteran is seeking service connection for sleep apnea, which may be secondary to his service-connected PTSD.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling prior to December 26, 2012 and 60 percent disabling since that date. The cervical spine disability was also rated at 20 percent prior to December 26, 2012 and 60 percent since then.,The Veteran's chronic headaches are currently rated as 50 percent disabling.

The Veteran's claims for service connection for obstructive sleep apnea and heart palpitations were denied. The Board found that the evidence was in equipoise as to whether the Veteran's current conditions were incurred during active service, but ultimately denied service connection due to lack of a clear and unmistakable error (CUE) in previous decisions.

The Veteran's sleep apnea has not manifested with persistent day-time hypersomnolence or the need for a breathing assistance device, thus no compensable rating is warranted.,There is insufficient evidence to establish current hypertension and skin disorder diagnoses. Service connection for these conditions cannot be granted as there are no current disabilities present.,The Veteran's right knee disorder is at least as likely as not related to active duty service.

The Board has remanded the case for further development and readjudication, including consideration of new evidence submitted by the Veteran.

The Board has remanded the claims due to the need for additional development, including a VA examination.

The Veteran's appeal has been withdrawn prior to the Board making a decision.