Sleep apnea decisions — 2018

The Veteran's lumbosacral spine degenerative disc disease and intervertebral disc syndrome have been rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the evidence does not support a higher rating as there was no ankylosis or incapacitating episodes.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection and rating of his claimed conditions.

The Board has decided to remand the case for additional development, including obtaining a medical examination and considering the Veteran's claim again.

The Veteran's claim for service connection for sleep apnea was granted, with the condition being considered directly related to his service.

The Board has remanded the case due to the need for a new VA opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has determined that a remand is necessary to obtain an in-person VA examination for the Veteran's obstructive sleep apnea, as the current opinion from the VA examiner is inadequate.

The Veteran's current obstructive sleep apnea was not manifest in service and is unrelated to service. The Board concludes that service connection is not warranted for the Veteran's current obstructive sleep apnea.

The Veteran's service-connected disabilities, including his low back and left knee conditions, were not of such severity prior to March 13, 2012, to render him unemployable. Therefore, an earlier effective date for the TDIU is denied.

The Board denied service connection for chronic fatigue syndrome, fibromyalgia, obstructive sleep apnea, and migraine and tension headaches. The Veteran's PTSD claim was not addressed as it did not meet the criteria for a rating in excess of 70 percent.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for updated medical records and examinations.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected PTSD. The Veteran does not have a current diagnosis of bilateral hearing loss or a neurological disorder, claimed as shaking hands.

The Board has remanded the case due to insufficient evidence regarding the onset and etiology of the Veteran's sleep apnea, which may be related to his service.

The Board has granted service connection for various conditions, including lumbar strain, a chronic acquired psychiatric disorder, residuals of prostate cancer, bilateral leg condition, sleep apnea, and headaches. The effective date for these benefits is July 25, 2013.

The Board denied the Veteran's claims for service connection for peripheral neuropathy of the feet and a low back disability, finding that his conditions were not incurred or aggravated by service. The TDIU claim was also denied as there is no evidence showing that the Veteran's disabilities prevent him from securing and following substantially gainful employment.

The Board has denied the Veteran's claims for service connection for sleep apnea, finding that there is no evidence to support a link between his military service and his current condition. The Board also found that the Veteran's sleep apnea does not meet the criteria for presumptive service connection due to exposure in the Southwest Asia Theater of Operations.

The Board denied service connection for lumbosacral and right knee disabilities due to lack of evidence showing a link between the conditions and service.

The Veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this appeal at this time.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for ulcerative colitis and obstructive sleep apnea, including consideration of herbicide exposure.

The Board has determined that additional development is needed to determine if the Veteran's sleep apnea is related to his service-connected PTSD or any other factors.

The Veteran's appeal of service connection for diabetes mellitus was dismissed as the Veteran withdrew his appeal. The Board found in favor of service connection for obstructive sleep apnea, with reasonable doubt resolved in favor of the Veteran.