Sleep apnea decisions — 2018

The Veteran's degenerative joint disease of the lower spine with lumbosacral strain and right lower extremity sciatic radiculopathy have been rated at 10 percent, but no higher. The rating for the lower spine is denied as it does not meet criteria for a higher evaluation.

The Board has determined that the Veteran's current sleep disorder, specifically obstructive sleep apnea, began during his active duty service and granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea as secondary to PTSD is granted. The Veteran's claim for service connection for a left hip disorder is reopened and remanded.

The Board has determined that the Veteran's claims for service connection are remanded due to insufficient evidence and need further examination.

The Board has remanded the Veteran's claim of service connection for sleep apnea due to insufficient evidence regarding its onset and etiology. The case is being returned for an additional VA examination.

The Veteran's claims of service connection for various conditions have been remanded due to the need for additional evidence and examination. The claim for PTSD has been reopened, but further evidence is needed to establish its etiology.

The Veteran's service-connected unspecified trauma-related disorder is granted with an initial rating of 70 percent, effective from the date of service connection. The Board also found that his obstructive sleep apnea is secondary to his service-connected condition and grants this as well.

The Veteran's service-connected disabilities did not prevent him from securing and following substantially gainful employment prior to July 8, 2015.

The Veteran's lumbosacral spine disability and left leg sciatica were denied increased ratings. The Veteran was granted a TDIU effective January 5, 2015.

The Board has determined that there has not been substantial compliance with its January 2018 remand and thus the case is being returned to the AOJ for further development.

The Board has granted service connection for migraine headaches, obstructive sleep apnea, right wrist strain, sinusitis and allergic rhinitis, gynecological disorder (including dysmenorrhea and dyspareunia), plantar fasciitis of the right foot, residuals of a right ankle strain, retinal degeneration, and onychomycosis of the toes. The other conditions were either denied or not addressed in terms of service connection.

The Board has dismissed the appeals for service connection for bilateral upper extremity neuropathy, sleep apnea, and depression. The appeal for secondary service connection for diabetes mellitus type II is remanded.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development. The issues of whether new and material evidence has been submitted to reopen his diabetes mellitus, asthma, sleep apnea, COPD, emphysema, PTSD with major depressive disorder and panic disorder with agoraphobia, coccidioidomycosis, back degenerative disc disease, and angular glaucoma claims are all REMANDED.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence linking his current condition to his military service.

The Veteran's PTSD, hypertension, and sleep apnea have been remanded for further development. The Board found that additional VA examinations are needed to determine the nature and etiology of these conditions.

The Board has determined that there is new evidence sufficient to reopen several service connection claims, including for severe headaches, auditory hallucinations, left knee condition, right knee condition, chronic sinusitis, and other conditions. The Veteran's claims are being remanded for further development of his records and a VA examination.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms during service are related to her current condition. The rating for asthma remains at 30 percent.

The Board has denied the Veteran's claims for service connection for various conditions, including left knee instability, right knee disability, post-traumatic midfoot mass, hearing loss, tinnitus, arrhythmia, hypertension, prostatic hypertrophy, acne rosacea, tension headaches, and tingling and numbness in hands, fingers, toes and forehead. The appeals are being remanded for further development.

The Board denied service connection for COPD and OSA, finding that the Veteran's current respiratory disorders are not related to his military service.,The Board also denied compensation benefits pursuant to 38 U.S.C. § 1151 for renal failure due to a lack of VA care during gallbladder surgery.