Sleep apnea decisions — 2018

The Veteran's skin disability of the feet, claimed as tinea pedis, is found to be etiologically related to his active duty service and granted service connection.

The Board denied the Veteran's claims for a disability rating greater than 60 percent for his lumbosacral spine disability and for a TDIU due exclusively to this disability. The issues of whether new and material evidence has been received to reopen previously denied claims of service connection for a bilateral thumb disability and fibrositis in multiple joints were also addressed, but the Veteran's requests to reopen these claims were not granted.

The Veteran's claims of service connection for sleep apnea and hypertension have been granted. The remaining claims are pending.,The Veteran's claims of service connection for a respiratory disability and left foot disability remain pending as new and material evidence has not been received to reopen them.,Service connection is granted for tinnitus, but the cause remains unknown due to conflicting dates provided by the Veteran.,Service connection is denied for vitiligo. The cause remains unknown due to conflicting dates provided by the Veteran.,The Veteran's claims of service connection for a left ankle disability and shoulder disability remain pending as new and material evidence has not been received to reopen them.,The Veteran's claims of service connection for bilateral hearing loss, tinnitus, left arm disability, and left leg disability remain pending as new and material evidence has not been received to reopen them.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, right shoulder injury (claimed as bilateral shoulder injury/pain), left shoulder injury (claimed as bilateral shoulder injury/pain), right leg injury (claimed as bilateral leg injury/pain), and left leg injury (claimed as bilateral leg injury/pain). The Veteran has not appealed these decisions.

The Veteran's PTSD, OSA, and headaches are service-connected. The right foot condition is not service-connected.

The Board has granted service connection for obstructive sleep apnea and loss of sense of smell, finding that these conditions had their onset in service.

The Veteran seeks service connection for a sleep disorder, which he claims is related to his PTSD. The Board has determined that an examination is needed to clarify the relationship between any current sleep apnea disability and service.

The Veteran's claim for service connection for sleep apnea has been reopened and granted.,Service connection is established for bilateral lower and upper peripheral neuropathy, with effective dates prior to March 7, 2013.

The Veteran's obstructive sleep apnea was diagnosed in service and continues to the present, meeting the criteria for service connection.

The Veteran's major depressive disorder is characterized by occupational and social impairment with reduced reliability and productivity. He was granted a 50% rating effective January 2016.,Prior to September 21, 2015, the Veteran's degenerative disc disease of the lumbosacral spine was not characterized by unfavorable ankylosis. From September 21, 2015, his condition has been characterized as having unfavorable ankylosis and he is now rated at 50% effective January 2016.,Prior to December 4, 2015, the Veteran's left lower extremity radiculopathy was characterized by mild incomplete paralysis. From December 4, 2015, his condition has been characterized as moderate incomplete paralysis and he is now rated at 20% effective January 2016.,Prior to December 4, 2015, the Veteran's right lower extremity radiculopathy was characterized by mild incomplete paralysis. From December 4, 2015, his condition has been characterized as moderate incomplete paralysis and he is now rated at 20% effective January 2016.

The Board has determined that the effective dates for the grants of service connection for radiculopathy of the right and left lower extremities are September 24, 2009.

The Veteran's PTSD and sleep apnea are service-connected, with the sleep apnea being secondary to his PTSD.

The Board has determined that the Veteran's respiratory conditions, including asthma, COPD, and obstructive sleep apnea, are not service-connected as they were not shown during active duty or due to exposure to smoke, gas, lead paint, paint thinner, and asbestos.

The Veteran is granted a TDIU on an extraschedular basis for the period prior to August 11, 2015 due to his service-connected disabilities preventing him from securing and following substantially gainful employment. The temporary total evaluation based on a service-connected disability requiring a period of convalescence (total temporary evaluation) is denied as there is no service connection for a cervical spine condition.

The Veteran's claims for increased ratings of his service-connected lumbosacral strain, patellofemoral pain syndrome of the bilateral knees, and hemorrhoids were denied as a matter of law due to his failure to report for VA examinations.,For the period prior to February 19, 2014, the Veteran's claim for TDIU was denied because he failed to provide good cause for refusing VA examination requests.

The Veteran's obstructive sleep apnea, left ear hearing loss, and tinnitus are all found to be related to his active service.,PTSD is rated at 50 percent throughout the appeal period.

The Board has granted service connection for obstructive sleep apnea secondary to diabetes mellitus, but denied service connection for glaucoma secondary to diabetes mellitus.

The Veteran's headaches, depressive disorder, and sleep apnea are service-connected. The right knee disability claim is reopened but not granted. Service connection for hypertension is denied as it was not shown to be related to active duty. TBI is also denied.

The Board has determined that the Veteran's sleep apnea and erectile dysfunction are not related to his military service or any service-connected disabilities, thus denying both claims.

The Veteran's obstructive sleep apnea is found to have had its onset during service and the Board grants service connection for this condition.