Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbosacral strain. The case will be readjudicated based on all evidence and legal authority.

The Veteran's claim for TDIU is granted as he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran has withdrawn his appeals for increased disability ratings for service-connected lumbosacral strain and left lower extremity sciatic nerve radiculopathy associated with lumbosacral strain.

The Veteran's sleep apnea is found to be related to his service, specifically the deployment in Southwest Asia where he was exposed to environmental hazards. The Board has granted service connection for this condition.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The primary issue remains whether he can establish service connection for sleep apnea as secondary to his PTSD.

The case is being remanded due to the need for a Board video-conference hearing and because the Veteran wishes to have all issues heard at once.

The Veteran's sleep apnea was not incurred in or related to his active military service, and the Board denied service connection for this condition.

The Board has remanded the claims due to incomplete development and requires additional medical opinions.

The Board found that the Veteran's obstructive sleep apnea did not have its onset during service and is not related to his military service or PTSD. The evidence does not support a finding of direct service connection, but secondary service connection was denied as well.

The Veteran's appeal is granted, with a disability rating of 20 percent for plantar calluses effective February 20, 2015. Service connection for heart condition and diabetes mellitus are also granted as due to herbicide exposure.

The Veteran's lumbosacral strain is currently rated at 10 percent, effective May 11, 2009.,Prior to February 16, 2012, the Veteran's arteriosclerotic heart disease was rated at 30 percent.,From February 16, 2012, the Veteran's arteriosclerotic heart disease is rated at 60 percent.

The Board found that the Veteran's obstructive sleep apnea is not related to his active service, and denied his claim for service connection.

The Veteran's TDIU claim is being remanded for additional development, including referral to VA's Chief Benefits Director or the Director of VA's Compensation Service for a determination as to his entitlement to an extra-schedular TDIU.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep apnea. The Board finds that the Veteran's obstructive sleep apnea is at least as likely as not related to his active military service, specifically his service-connected PTSD.

The Veteran's claim for a schedular TDIU was denied as he did not meet the percentage thresholds for such. The Board found that his combined rating of 60% disabling from service-connected disabilities does not meet the requirements for a schedular TDIU. An extra-schedular TDIU is being referred to the Director, Compensation Service.

The VA examiner found that the Veteran's right knee disability is less likely than not caused by or aggravated by her service-connected degenerative disc disease, lumbosacral spine, and/or contusion of right hip.

The Veteran's hypertension, migraines, and other service-connected disabilities do not meet the criteria for a compensable rating or extraschedular evaluation. The Board denied his claim of entitlement to TDIU prior to September 10, 2010.

The Board has found that the Veteran's TDIU claim is inextricably intertwined with his service connection claim for sleep apnea. The case is therefore being remanded to provide a VA examination and obtain additional evidence related to both claims.

The Veteran's appeal for service connection on the issues of bilateral sensorineural hearing loss, hygroma (claimed as fluid on the brain), deviated septum, sleep apnea, PTSD and dysthymic disorder has been withdrawn.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service, and denied his claim for service connection.