Sleep apnea decisions — 2018

The Veteran's PTSD is currently rated at 70 percent, and the Board has denied an increased rating. The appeal for a TDIU remains pending.

The Board has remanded the case due to an inadequate VA examination and a need for further development regarding whether the Veteran's obstructive sleep apnea is related to service or aggravated by his PTSD.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service, and therefore denied the claim for service connection. The issues of low back disability, erectile dysfunction, peripheral neuropathy, acquired psychiatric disorder (including depression and anxiety), and migraines are remanded for further development.

The Veteran's service-connected lumbosacral strain with degenerative disc disease requires a back brace that causes wear and tear on his clothing, leading to the award of an annual clothing allowance for the year 2014.

The Board has remanded the issues of service connection for sleep apnea and hypertension, as well as increased ratings for other conditions. Additional development is needed to obtain complete STRs and SPRs, conduct a VA examination, and provide the Veteran with an SOC.

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

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, and therefore, the claims are denied.

The Veteran's PTSD is rated at the highest possible schedular rating of 70 percent, effective August 7, 2012. The Veteran also meets the criteria for a TDIU based on his service-connected disabilities.

The Veteran's claims for service connection for head injury, bilateral leg sciatica, disability manifested by motion sickness and dizziness, tinnitus, bilateral glaucoma, bilateral cataracts, left eye detached retina (secondary to left eye cataracts), left hand disability (secondary to neck disability), right hand disability (secondary to neck disability), bilateral shoulder disability (secondary to neck disability), joint disability, neck disability, acquired psychiatric disorder (posttraumatic stress disorder) (secondary to service-connected lumbar spine disability), and sleep apnea have been denied. The Veteran withdrew these claims during his Board hearing.

The Board has determined that the Veteran's sleep apnea is service-connected due to a deviated septum, but his psychiatric condition is not related to military service or a service-connected disability.

The Board has remanded the case for additional medical inquiry into whether the Veteran's sleep apnea was aggravated by service-connected heart disability and if it is related to his pre-service condition.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current diagnoses are due to his military service. Service connection for sleep apnea is remanded as additional information about the Veteran's periods of ACDUTRA and INACDUTRA is needed.

The Veteran withdrew his appeal of the issue of entitlement to service connection for sleep apnea, and thus the Board has dismissed the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and the provision of outstanding treatment records.

The Veteran's back disability was found to not meet the criteria for a higher rating prior to December 1, 2016. From December 1, 2016, his disability did not warrant an increased rating beyond 20 percent.

The Veteran's TDIU claim is being remanded for further development, including scheduling VA examinations to assess the impact of his service-connected disabilities on his employability and reconsidering the claim in light of recent grants of service connection for lumbosacral strain and bilateral lower leg radiculopathy.

The Veteran's service-connected lumbosacral strain was rated at 20 percent prior to July 27, 2015 and upgraded to 40 percent from that date.

The Veteran's TDIU claim is granted, with a 70 percent rating for anxiety disorder.,The Veteran's increased rating for anxiety disorder claim is granted.

The Board has remanded the case due to incomplete development regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA). The Veteran is required to provide a detailed listing of his dates on ACDUTRA or INACDUTRA between 1993 and April 2010. If this information cannot be obtained, the VA will make a formal finding based on available records.

The Board has remanded the case due to inadequate examination of the Veteran's low back disability, including failure to address flare-ups and range of motion testing. The claim will be returned for further development.