Sleep apnea decisions — 2018

The Board has remanded the case for additional development, including obtaining service treatment records and updated medical records. The Veteran's sleep apnea and dysthymic disorder claims are also being reviewed.

The Veteran's post-operative coxa vara of the right hip is rated at 30 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's hepatitis C is currently rated at 10 percent and does not meet the criteria for a higher rating based on incapacitating episodes or daily fatigue.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU rating on an extraschedular basis under 38 C.F.R. § 4.16(b) for any period on appeal.

The Veteran's claim for sleep apnea was denied as he does not have a current disability.,The Veteran's claim for bilateral hearing loss was denied as his auditory thresholds do not meet the VA regulatory threshold.

The Veteran's service connection for sleep apnea, gastroesophageal disorder, and chronic fatigue syndrome was granted. The Veteran's sleep apnea is considered a new condition that has been reopened on the basis of new evidence. Service connection for his gastroesophageal disorder and chronic fatigue syndrome are secondary to his service-connected adjustment disorder with depressed mood.

The Board has granted service connection for low back strain, left hip disability, and bilateral leg numbness. The Veteran's current obstructive sleep apnea is not related to his service-connected PTSD.,Obstructive sleep apnea was not diagnosed during service or linked to a service-connected condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his sleep apnea.

The Veteran's service-connected disabilities, including coronary artery disease and posttraumatic stress disorder, have rendered him unable to use his lower extremities without the aid of braces, crutches, canes, or a wheelchair. The RO is directed to review the evidence and determine if he meets the criteria for specially adapted housing or a special home adaptation grant.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating based on functional loss due to pain and other symptoms.

The Veteran's currently diagnosed sleep apnea had its onset during his active duty service, and the Board finds that it is related to his military service.

The Board has ordered the VA to obtain additional private treatment records from St. Peter's Sleep Center, as these records may be relevant to the Veteran's claim for service connection for obstructive sleep apnea.

The Board has remanded the case for further development due to the Veteran's failure to report for scheduled VA examinations and other procedural issues.

The Veteran's low back disability is currently rated at 20 percent for the period after September 19, 2017. The Board finds that his symptoms do not warrant a higher rating under any applicable diagnostic code.

The Veteran's bilateral hearing loss and service-connected right knee disability did not prevent him from securing or maintaining substantially gainful employment prior to September 15, 2006. The Board found that his other service-connected conditions, including posttraumatic stress disorder and lumbosacral strain, also did not render him unemployable.

The Veteran's PTSD and low back disability have been granted, but the effective dates are not specified. The Veteran is also granted TDIU.

The Veteran's appeal involves multiple service-connected knee and back disabilities, including lumbosacral spine degenerative joint disease at L4-L5 with limitation of motion, right knee status post-ligament damage, right knee traumatic mild degenerative arthritis with loss of motion, left knee laxity of the medial collateral ligament, and left knee traumatic osteoarthritis with limitation of motion. The appeal is currently pending due to a need for additional VA examinations.

The Board has remanded the case due to the need for a VA medical opinion regarding whether the Veteran's OSA is linked to his reported history of memory loss symptoms and whether it is at least as likely as not caused or aggravated by service.

The Board has remanded the case due to incomplete records and need for further medical examinations.

The Veteran's claim for service connection for sleep apnea is granted. The Board finds that the preponderance of evidence supports a finding that the Veteran has sleep apnea that had its onset during his active military service.

The Board has determined that the Veteran's sleep apnea is caused by or aggravated by his service-connected posttraumatic stress disorder (PTSD). As such, the claim for service connection for sleep apnea is granted.