Sleep apnea decisions — 2018

The Veteran's claim for a TDIU was remanded due to the need for further development and consideration of additional medical evidence submitted by the Veteran. The case is now pending with the RO.

The Board found that the Veteran's sleep apnea is not related to his military service or a service-connected disability, and thus denied his claim for service connection.

The Board denied service connection for bilateral hammertoes, bilateral pes planus (flat foot), rheumatoid arthritis, bilateral hearing loss, and obstructive sleep apnea as there was no evidence of in-service incurrence or aggravation of these conditions.

The Board has determined that the Veteran's hypertension and sleep apnea are service-connected, with evidence showing current diagnoses, in-service treatment, and continuity of symptoms.

The Veteran's claims for service connection for an acquired psychiatric disorder (to include PTSD and dysthymic disorder) are denied. The claim for increased rating for status post laminectomy lumbosacral spine with low back pain is granted to a maximum of 40 percent from September 20, 2010 to August 6, 2016, but denied thereafter. Separate initial ratings in excess of 10 percent are not warranted for femoral nerve radiculopathy of the right leg and sciatic nerve radiculopathy of the left leg.

The Veteran's diabetes mellitus and sleep apnea are being remanded for further development, including obtaining VA and private treatment records and scheduling the Veteran for examinations to determine their etiology.

The Veteran's PTSD symptoms have not approximated total occupational and social impairment, but his service-connected PTSD has prevented him from being able to secure and maintain gainful employment. The Veteran is granted a TDIU.

The Board has remanded the case due to the need for a VA examination and additional development of records, including Gulf War Registry exam records.

The Board has remanded the case due to inadequate VA examination reports and the need for updated treatment records.

The Veteran's claim of service connection for a left knee disability was denied due to lack of evidence linking the condition to military service. The appeal regarding PTSD has been granted, with a rating in excess of 50 percent from November 23, 2013, and TDIU is granted effective since that date.

The Veteran's left ankle disability is considered a subsequent manifestation of his already service-connected lumbar spine degenerative disc disease with osteoarthritis.

The Board granted service connection for a left knee disability and found that the Veteran's current left knee condition is at least as likely as not proximately due to or the result of his service-connected right knee disability. The claims for PTSD, sleep apnea, and right ankle disability were withdrawn by the Veteran prior to decision.

The Veteran's claim for an increased rating in excess of 20 percent for his service-connected lumbosacral strain as the result of scoliosis with degenerative joint disease and intervertebral disc disease is being remanded due to the need for a new VA examination.

The Board has determined that a remand is necessary to afford the Veteran an examination and opinion regarding his sleep apnea claim, as the current medical evidence does not adequately address the etiology of his condition.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeal has been withdrawn due to his request, and as a result, the case is dismissed.

The Veteran's service-connected coronary artery disease is rated at 60 percent, and his PTSD prior to June 16, 2016, does not meet the criteria for a higher rating.

The Veteran's claim for service connection for sleep apnea is remanded due to the inadequacy of the initial VA examination. A new examination is needed to determine if his current sleep apnea disability arose during service or is related to service.

The Veteran's claim for service connection for degenerative disc disease of the lumbar spine is granted. The Board finds that the probative evidence is at least at relative equipoise as to whether the Veteran’s current low back disability is etiologically related to his active service.

The Veteran's service connection for obstructive sleep apnea is granted, while his claim for narcolepsy is denied. The Veteran does not have a current diagnosis of narcolepsy and the evidence does not support this claim.