Sleep apnea decisions — 2018

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to his active duty service or his service-connected status post nasal septum reconstruction.

The Board has remanded the case due to new evidence received after the December 2016 SSOC, and will issue a SSOC for the issues of service connection for sleep apnea and initial evaluation in excess of 30 percent prior to February 17, 2016, and in excess of 50 percent beginning February 17, 2016, for PTSD.

The Board has reopened the Veteran's claims for service connection for back disorder, PTSD due to military sexual trauma, degenerative joint disease of the right shoulder, and degenerative disc disease of the lumbar spine. The claim for sleep apnea is also remanded.

The appeal for service connection of sleep apnea was dismissed due to the death of the appellant.

The Board dismissed the Veteran's appeal for service connection for memory loss and lack of concentration due to his withdrawal request. The remaining issues on appeal are remanded.

The Veteran's radiculopathy of the bilateral lower extremities, low back disability, and major depressive disorder have been granted service connection. The initial rating for his low back disability has been increased to 40 percent effective April 24, 2018, and he is now rated at 70 percent for his major depressive disorder. He also received a TDIU based on both disabilities.

The Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability from September 23, 2002, to April 19, 2005.

The Board has determined that the Veteran does not have a valid claim for service connection for any of the conditions listed, as there is no evidence showing they were incurred or aggravated during his military service.

The Veteran's OSA is granted as service-connected, and the initial rating for PTSD remains at 50 percent.,The Veteran's request for an increased rating for PTSD to a higher than 50 percent rating is denied.

The Veteran's claims for service connection for various conditions, including sleep disorder (claimed as sleep apnea), mental condition, high blood pressure, diabetes mellitus, type II, left leg disability, and right leg disability are all denied. The Board found no current disabilities related to the Veteran's military service.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling examinations to determine the nature and etiology of his claimed conditions.

The Veteran's claim for service connection for sleep apnea is remanded due to the need for a new medical opinion considering all relevant evidence, including his assertions of symptoms and history.

The Board has remanded the case to refer the Veteran's claims for an extraschedular evaluation to the Director of Compensation Service due to evidence suggesting that his disabilities combined to cause chronic pain, sleep disturbances, falling, and absences from work.

The Board has determined that the Veteran's sleep apnea, bilateral eye disability, and acid reflux are not properly service-connected. The case is being remanded to obtain updated medical records and to schedule the Veteran for VA examinations to determine the nature and etiology of these conditions.

The Board has granted service connection for a sleep apnea disability and denied an initial compensable evaluation for hypertension. The Veteran's current sleep apnea disability is found to have begun during his active duty service, while the hypertension does not meet the criteria for a compensable rating.

The Board has decided to remand the cases due to insufficient evidence for service connection of sleep apnea and an acquired psychiatric disability. The Veteran's claims will be reviewed again with additional medical examinations.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations and development of records.,The Veteran is also seeking an earlier effective date for TDIU and SMC, which are being remanded as well.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's low back disability is related to his service, and a new VA medical opinion is needed.

The appeal for service connection for a dental disability, degenerative disc disease of the spine, PTSD, erectile dysfunction, diabetes mellitus, and loss of use of a creative organ is dismissed.,Service connection for obesity, obstructive sleep apnea, and rhinosinusitis is granted.

The Veteran's initial evaluation for obstructive sleep apnea is granted at a 50% rating, effective from the date of service connection. The Veteran's tension headaches are granted an initial 30% rating as of September 25, 2014. No other conditions have been granted or denied.