Sleep apnea decisions — 2018

The Veteran's tinnitus was granted service connection. The remaining issues of chronic headaches, insomnia, GERD, deviated nasal septum, chronic sinusitis, and sleep apnea are remanded for further development.

The Veteran's claim for a 10 percent rating for unspecified insomnia disorder is granted. The claim for service connection for sleep apnea is remanded.

The Veteran's right shoulder disability was rated at 40 percent prior to July 16, 2012. The Board found that the preponderance of evidence did not support a TDIU for periods prior to September 1, 2013.

The Veteran's current diagnosis of obstructive sleep apnea is linked to his military service, as evidenced by his reported symptoms during and after service. The Board finds that a VA examination should be conducted to determine the etiology of his condition.

The Veteran's obstructive sleep apnea is found to have begun during his military service, meeting the criteria for direct service connection.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including Social Security Administration (SSA) records, private treatment records, employment records, and an examination of his service-connected disabilities. The case is being remanded for these purposes.

The Board has determined that the VA examinations of record are inadequate to properly adjudicate the Veteran's claim for service connection for a sleep disorder, as they did not address the Veteran’s contentions of direct service connection and provided negative nexus opinions. The case is therefore being remanded for further examination.

The Board has remanded the Veteran's claims for increased ratings for his bilateral knee disabilities, service connection for sleep apnea and hypertension secondary to his major depressive disorder, as well as for a VA examination in each case.

The Board has remanded the Veteran's claims for further development due to unavailability of VA treatment records and need for additional medical opinions regarding the etiology of his claimed conditions.

The Board has remanded the cases for further action due to procedural issues and to obtain additional medical examinations.

The Veteran's service connection claim for OSA is denied. The increased rating claims for lumbosacral strain with enthesopathy are partially granted, with a 40% rating effective April 5, 2018, and separate ratings of 10% each for lumbar radiculopathy of the LLE and RLE.

The Board has remanded the Veteran's claims for a higher rating for his lumbar spine disability and TDIU due to incomplete information, including missing SSA records and an outdated VA examination. The Veteran will need to provide these records and undergo further evaluation.

The Veteran's claim for increased rating of PTSD is granted, effective from March 12, 2014. The decision also grants an effective date of November 18, 2013 for the initial grant of service connection for sleep apnea as secondary to PTSD and grants a total unemployability rating due to service-connected disabilities since November 18, 2013.

The Veteran's acquired psychiatric disorder, OSA, and headache disability are granted service connection. However, hypertension is denied as it did not manifest within one year of the Veteran's discharge from active duty.

The Board has dismissed all the Veteran's claims as they are moot due to his death in July 2018.

The Board has remanded the claims of service connection for hypertension, bilateral elbow disorder (to include arthritis), bilateral knee disorder (to include arthritis), bilateral hand disorder (to include arthritis), and sleep apnea due to insufficient evidence. The Veteran's lay statements suggest these conditions may be related to his military service.

The Veteran's claims for an increased rating for lumbosacral strain and TDIU are remanded due to inadequate examination findings. The VA examiner did not provide information regarding functional limitations caused by flare-ups, which is required for a proper evaluation.

The Veteran's lumbosacral spine disability is granted a 40 percent rating from July 7, 2008 to July 15, 2009. A separate 10 percent rating for right lumbar radiculopathy is granted effective July 7, 2008 and a 20 percent rating is granted effective February 9, 2017.

The Veteran's low back disability, bilateral hearing loss, and sleep apnea are granted. Headaches have been denied as not related to service.

The Veteran's hypertension is granted with a 10% rating. The ratings for acne rosacea and bunionectomy are remanded due to the need for further examination during an active period of flare-up.