Sleep apnea decisions — 2018

The Board has denied service connection for obstructive sleep apnea and remanded the esophageal disability claim due to insufficient evidence.

The Veteran's PTSD is rated at a 70 percent rating from January 9, 2013 to April 20, 2016. A TDIU was granted effective January 31, 2016. Service connection for obstructive sleep apnea is granted as secondary to the Veteran's service-connected PTSD.

The Veteran's initial rating for IBS is denied, and his service connection claims for obstructive sleep apnea and PTSD are remanded. His TDIU claim is also remanded.

The Veteran's claims for service connection for an acquired psychiatric disorder and a sleep disorder are being remanded due to the need for additional medical examinations.

The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that he does not meet the criteria for a higher rating under the applicable diagnostic criteria.

The Board has remanded the claims for service connection for bilateral knee disability and sleep apnea due to inadequate examinations in April 2014.

The Board has determined that the Veteran's thoracic and lumbosacral strain began during his military service, resolving any doubt in favor of the Veteran. As a result, service connection for these conditions is granted.

The Board has determined that the Veteran's claims for service connection are remanded due to outstanding service treatment records and the need for additional medical opinions regarding his respiratory disorder, obstructive sleep apnea, and bilateral peripheral neuropathy.

The Veteran's claim for an increased disability rating for service-connected lumbosacral spinal facet arthropathy and degenerative changes is remanded due to the need for clarification of the VA examiner's report regarding episodes requiring bed rest, as well as additional functional loss during flare-ups. The Veteran also needs a new examination to assess the current severity of his condition.

The Veteran's claim for an increased disability rating for service-connected lumbosacral spinal facet arthropathy and degenerative changes is remanded due to the need for clarification of the VA examiner's report regarding episodes requiring bed rest, as well as additional functional loss during flare-ups. The Veteran also needs a new examination to assess the current severity of his condition.

The Veteran's service connection for obstructive sleep apnea was granted. The claim of revision based on clear and unmistakable error (CUE) for the denial of IBS in January 1993 was denied, as well as the request for an earlier effective date for service connection.,Service connection for irritable bowel syndrome (IBS) was reopened due to new evidence received after June 2003. The effective date for this grant is December 20, 2010.

The Veteran's sleep apnea is granted, and he receives a 10 percent rating for his allergic rhinitis starting from July 28, 2016. His migraines are rated at 10 percent prior to July 20, 2015, and in excess of 10 percent thereafter.

The Veteran's obstructive sleep apnea and recurrent mixed headaches are currently rated at the maximum allowed under their respective diagnostic codes. The low back disability, left eye disability, right knee disability, and hypothyroidism do not meet or approximate criteria for a higher rating.,Service connection is remanded for claims related to a right wrist disorder (carpal tunnel syndrome), neck disorder, right shoulder disorder (secondary to recurrent mixed headaches), acquired psychiatric disorder (PTSD and MDD), and total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's PTSD is rated at 70 percent effective July 24, 2012. He also received a TDIU and service connection for sleep apnea as secondary to his PTSD.

The Veteran's appeals for increased initial ratings for bilateral pes planus and plantar fasciitis, as well as allergic rhinitis, have been dismissed due to the Veteran's withdrawal of these claims. The appeal for service connection for sleep apnea is still pending.

The Board has remanded the Veteran's claims for left knee chondromalacia, right knee chondromalacia, and lumbosacral strain as additional evidence is needed to assess their severity.

The Board has remanded the Veteran's claims of service connection for a right shoulder disorder, left shoulder impingement, obstructive sleep apnea, and hypothyroidism due to lack of competent evidence linking these conditions to service.

The Veteran's claims for service connection were granted for cervical spine disability, left knee disability, and obstructive sleep apnea. The appeals for thoracolumbar spine disability, bilateral hearing loss, right ear hearing loss, and acquired psychiatric disability are still pending.

The Veteran withdrew his appeals for service connection for obstructive sleep apnea and a compensable evaluation for erectile dysfunction.

The Board has granted service connection for PTSD, obstructive sleep apnea, headache disability, hypertension, and a left ankle disorder (secondary to right ankle injury).