Sleep apnea decisions — 2018

The Veteran's back disability is rated at 20 percent from January 31, 2011 to August 9, 2016. From October 1, 2016 to the present, a higher rating for his back disability is denied.,Service connection for an acquired psychiatric disorder and total disability based on individual unemployability are remanded.

The Board has determined that a remand is necessary to obtain additional medical evidence and conduct another VA examination regarding the Veteran's claim of service connection for sleep apnea.

The Board has remanded four issues for further development: 1) an initial disability rating in excess of 10 percent for fracture of the right medial malleolus, 2) an initial compensable disability rating for bilateral hearing loss, 3) service connection for a disability of the nose (claimed as broken nose), and 4) service connection for obstructive sleep apnea as secondary to a disability of the nose. The Veteran's claims are remanded due to the need for additional examinations and updated medical records.

The Board has remanded the Veteran's claims for entitlement to an extraschedular rating for lumbosacral strain and a higher rating for his mood disorder, depression, depressive disorder, NOS, and major depressive disorder. The issues have been remanded due to insufficient development of evidence.

The Veteran's sleep apnea is found to have started during his military service and the Board grants service connection for this condition.

The Board has remanded the cases for further development and examination to determine the nature and etiology of the Veteran's claimed cervical spine disability, spondylotic myelopathy, and obstructive sleep apnea. The issues are related as they involve diagnoses that may be secondary to service.

The Veteran's claims for increased ratings and service connection were denied. The effective date for the higher evaluation of DDD of the lumbar spine was not earlier than June 21, 2012.

The Veteran's appeals for higher ratings on lumbosacral strain and bilateral hearing loss, as well as seeking an earlier effective date for service connection of lumbosacral strain, have been dismissed due to the Veteran withdrawing his appeals.

The Board denied service connection for obstructive sleep apnea as there is no evidence of its onset during service or a link to service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence to support a nexus between his current condition and active duty service.

The Board has granted the Veteran's applications to reopen his claims for service connection for sleep apnea and right hand tremors, finding that new evidence supports these claims. The Board also found in favor of the Veteran on both issues, granting service connection.

The Veteran's claim for PTSD was denied due to lack of a diagnosed condition related to in-service stressors. The adjustment disorder with depressed mood claim was granted, and the case is remanded for further examination regarding sleep apnea.

The Board has remanded the claims for service connection for a lumbar spine disability, right knee disability, and sleep apnea due to incomplete records and need for further medical examination.

The Veteran's sleep apnea is aggravated by his service-connected lymphocytic colitis. His anxiety and depression are found to be related to his service-connected disabilities, including erectile dysfunction, headaches, and colitis. The Veteran's migraine headaches are granted a rating of 50 percent effective August 8, 2014.

The Board denied service connection for various conditions, including left knee and foot disabilities, right knee disability, arteriosclerotic heart disease, hypertension, chronic liver disease, pancreatitis, atherosclerotic renal disease (chronic kidney disease), diabetes mellitus type II, psychiatric disorders, headaches, and sleep apnea. The decision was based on the absence of evidence linking these conditions to service.

The Board has decided that the Veteran's claim for service connection for obstructive sleep apnea should be remanded due to outstanding treatment records and incomplete information.

The Veteran's claims for service connection for depression, anxiety, bilateral hearing loss, and sleep apnea were denied. The claim for service connection for depression was reopened due to new evidence, but the claim remains denied as there is no link between current psychiatric disorder and service. Bilateral hearing loss and sleep apnea were also denied because there is no evidence of a current disability or a link to service.

The Board has remanded the claims of service connection for left knee disorder, heart disorder, and obstructive sleep apnea due to lack of a current diagnosis or insufficient evidence.

The Veteran's service-connected disabilities did not make him unable to secure or follow a substantially gainful occupation prior to November 29, 2016.

The Veteran's appeal is being remanded for further examination and opinion regarding various service-connected disabilities, as well as for additional records to be obtained. The claims are not related to a specific exposure basis or the PACT Act.