Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to address the nature and etiology of his knee disabilities, chronic sinusitis, bronchial asthma, and sleep apnea.

The Board denied the Veteran's claim to reopen his previously denied claim for service connection for degenerative joint disease and degenerative disc disease with spinal stenosis of the cervical spine due to a lack of timely Substantive Appeal. The Board also found that there is sufficient evidence to support the grant of service connection for herniated nucleus pulposus of the lumbosacral spine with left lower extremity radiculopathy and right knee strain.

The Veteran's claim for an earlier effective date for the grant of a TDIU rating prior to January 11, 2012 is being remanded due to the need for referral to the Director of Compensation Service for extraschedular evaluation under 38 C.F.R. § 4.16(b).

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected lumbosacral strain and consideration of his TDIU claim.

The Board has granted the Veteran's claim for an effective date of January 22, 1994, for the award of service connection for sleep apnea. The Veteran's increased rating claim for asthma with bronchitis and sleep apnea is remanded for further development.

The Board granted a 50 percent disability rating for generalized anxiety disorder effective December 9, 2015 and remanded the claims of service connection for arterial hypertension and TDIU.

The Board has remanded the case for further development due to inadequate VA examination reports and failure to comply with previous remand instructions.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection.

The Board has remanded the case due to the need for a new VA medical opinion regarding the nature and etiology of the Veteran's sleep apnea, including whether it was caused by or aggravated by his service-connected hypertension.

The Board has determined that the Veteran's sleep apnea did not have its onset in service, is not otherwise related to service, and is not shown to be caused or aggravated by his service-connected dysthymic disorder and/or coronary artery disease. Therefore, the claim for service connection for sleep apnea is denied.

The Board found that the Veteran's bilateral hearing loss did not warrant a compensable disability rating, and his claim for service connection of sleep apnea was denied as it did not manifest during or as a result of military service.

The Veteran's lumbosacral spine disc herniation and bulging, neural foraminal narrowing, and stenosis are currently rated at 40 percent. The appeal is granted as the Veteran retains some range of motion in his back.

The Board has determined that the Veteran's obstructive sleep apnea is not shown to be related to his active service or to a service-connected disability, and therefore, denied his claim for service connection.

The Veteran's sleep apnea and asthma were not incurred in service and are not otherwise related to service. The Board found that the conditions are diagnosable with known causes, and there is no evidence of a nexus between the conditions and Gulf War service or undiagnosed illness.

The Board denied the Veteran's claims for an earlier effective date and improper reduction of her disability rating, finding that she was not entitled to either.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling new VA examinations to address the claims of service connection for a lumbosacral spine disorder and gynecological disorder.

The Veteran's appeal is remanded to the AOJ for initial adjudication of his claim for a total disability rating based on individual unemployability prior to May 6, 2015. The case must be readjudicated and any benefit on appeal must be denied if still denied.

The Veteran's service-connected disabilities, including depression, intervertebral disc syndrome of the cervical spine, migraines, and other conditions, have rendered him in need of aid and attendance. He is therefore granted special monthly compensation based on a demonstrated need for such assistance.

The Veteran's claim for increased evaluations of his lumbar spine disability has been denied. The VA determined that the evidence did not meet the criteria for a higher evaluation at any point.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.