Sleep apnea decisions — 2017

The Veteran's claim for an increased rating for PTSD has been denied as there is no legal basis to award a higher evaluation. The maximum schedular rating of 70 percent has been assigned since September 4, 2008.

The Veteran's service-connected disabilities render him unable to obtain and maintain gainful employment consistent with his education, training and work experience. The Board finds the Veteran experienced symptoms of obstructive sleep apnea during service and that his current sleep apnea condition has been determined to be related to sleep issues suffered in service.

The Board has remanded the Veteran's claims for service connection for sleep apnea and initial ratings for anxiety disorder due to issues with the adequacy of a previous VA opinion, and because the Veteran requested a Travel Board hearing.

The Board has determined that further development is needed for the claims of service connection for right ear hearing loss, obstructive sleep apnea, and hypertension. The Veteran's claims are being remanded to allow for additional examinations and opinions.

The Board found that the Veteran's degenerative arthritis of the lumbosacral spine did not result from service and is not attributable to service.

The Veteran's service-connected PTSD is granted at a 70 percent evaluation from July 14, 2008 through April 15, 2012. Beginning on July 1, 2012, the Veteran's PTSD is granted at a 100 percent evaluation.

The Veteran withdrew their appeal for service connection for obstructive sleep apnea (OSA) before the Board could make a decision.

The Veteran's appeal was granted, with service connection established for multiple conditions including multiple sclerosis with rosacea, pain, weakness in all joints, optic neuritis, depression with anxiety, chronic fatigue, chronic migraines, and insomnia. Service connection was also established for degenerative joint disease of the right and left knee (claimed as right and left knee surgery with chronic pain), intervertebral disc syndrome (claimed as low back pain), and hirsutism with fibroids and ovarian cysts.

The Board has determined that the Veteran's appeal for service connection for right carpal tunnel syndrome was withdrawn. The claim of service connection for heat urticaria remains denied as new and material evidence has not been received to reopen it.

The Board found no competent medical evidence linking the Veteran's obstructive sleep apnea to his service or to his service-connected asbestosis, thus denying the claim.

The Veteran's right and left knee disabilities, as well as his sleep apnea, were not incurred in or aggravated by service. The Veteran's cervical spine disability was granted based on new evidence submitted since the last rating decision.

The Board has determined that the Veteran does not meet the criteria for service connection for PTSD, Sleep Apnea, or Headaches.

The Veteran's service-connected lumbosacral strain disability has been manifested by pain with limited motion, but does not meet the criteria for a higher rating.

The Veteran's claims for higher disability ratings were granted, with a rating of 20 percent assigned for his left lower extremity radiculopathy since March 19, 2012.

The Board has remanded the case for a hearing on whether new and material evidence has been received to reopen the claim of entitlement to service connection for a thyroid disorder. The issue of sleep apnea secondary to Grave's Disease is also inextricably intertwined with this reopening issue.

The Veteran's claims for service connection for obstructive sleep apnea and low back disorder were denied. The claim for a higher rating for depressive disorder was granted, with the Veteran receiving a 70 percent disability rating.

The Veteran's sleep disorder and left hip disability are not found to be related to her service-connected lumbar strain. The Veteran's TDIU claim is also denied.

The Board has remanded the case due to inadequate examination and opinion regarding the onset of the Veteran's sleep apnea during or related to his military service.

The Board has remanded the case for scheduling a travel board hearing and to address the hypertension claim, as it may affect the adjudication of this claim.

The Board has determined that the Veteran does not have a service-connected condition for which he is seeking benefits, except for sleep apnea. The other conditions listed in his claims are either already service-connected or do not meet the criteria for service connection.