Sleep apnea decisions — 2018

The Veteran's low back disability was granted service connection, and his cervical spine and bilateral knee disabilities were denied. The sleep apnea was also granted.

The Board has remanded the Veteran's claims for sleep apnea and diabetes mellitus, type II due to herbicide exposure. The AOJ is instructed to obtain any outstanding medical records from VA or private providers and update their treatment records.

The Veteran's claim for service connection has been reopened due to the submission of new evidence. The claims for sleep apnea, an acquired psychiatric disorder (including PTSD), and a heart condition claimed as tachycardia are remanded for further examination and opinion.

The Board has granted service connection for PTSD and lumbosacral strain, but denied an earlier effective date for the award of service connection for lumbosacral strain. The claim of service connection for PTSD was reopened due to new evidence showing a diagnosis of PTSD related to a stressor in service.

The Veteran's obstructive sleep apnea requires the use of a CPAP machine, but does not meet the criteria for a higher rating due to lack of chronic respiratory failure or cor pulmonale. The case is remanded for further development regarding employment.

The Veteran's service-connected sleep apnea and PTSD are denied. The Veteran is granted a TDIU rating, but the issue of entitlement to a higher rating for PTSD remains denied.

The Veteran's claim for a higher rating for cervical spine disability was denied as the evidence did not show limitation of motion or ankylosis that would warrant a higher rating.,The Veteran's claim for TDIU was also denied because he failed to complete and return the VA Form 21-8940, which is required to substantiate his unemployability due to service-connected disabilities.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no relationship between his current sleep apnea disorder and service or his service-connected orthopedic disabilities. The weight of the evidence demonstrated that symptoms of sleep apnea did not manifest until after service.

The Veteran's appeal for service connection for sleep apnea and TDIU has been dismissed. The Board is remanding the cases to obtain an opinion regarding whether the Veteran’s sleep apnea is secondary to his Major Depressive Disorder.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.

The Board has decided to remand the Veteran's claims of service connection for right knee disability, left knee disability, obstructive sleep apnea, and hypertension due to missing records and unclear dates of service.

The Veteran's claims for sleep apnea, hypertension, headaches, PTSD, and left testicular torsion are being remanded to obtain additional information and evidence.,A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is also being remanded.

The Board has granted service connection for a left shoulder disability characterized as left shoulder impingement syndrome and for obstructive sleep apnea, both of which are determined to have begun during the Veteran's active service.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea and whether it is related to his service-connected conditions.

The Board has granted service connection for lumbosacral strain, but remanded the issue of service connection for shin splints (stress fractures of the shins).

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected sinusitis with allergic rhinitis.

The Board has remanded the Veteran's claims for additional development, including obtaining missing service treatment records and personnel records. The AOJ must also verify the Veteran's claimed in-service stressors.

The Veteran's claim for a higher rating for his lumbosacral strain was denied as the evidence did not meet the criteria for a 20% rating prior to March 31, 2015. The effective date of December 23, 2014 is upheld.

The Veteran's appeal for a higher rating for his service-connected lumbosacral and thoracic spine strain, degenerative disc disease, and degenerative joint disease has been dismissed due to the Veteran's withdrawal of the appeal.

The Veteran's claims for service connection and evaluations of various disabilities are being remanded due to the need for additional examinations and development.