Sleep apnea decisions — 2018

The Board found that the evidence does not support a finding of service connection for sleep apnea, as there is no indication of sleep apnea in service records and the current disability was not related to any period of active duty or ACDUTRA. The Board also noted that the Appellant's statements about symptoms during service were not strong enough to outweigh other evidence considered by the examiner.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it. The claim for service connection for headaches was denied.

The Board has granted a 40 percent evaluation for the Veteran's lumbosacral spine disability, effective from October 2012. A separate 20 percent evaluation was also granted for radiculopathy of the right lower extremity due to the lumbosacral spine disability. The left knee arthritis claim is remanded as it is inextricably intertwined with the TDIU claim.

The Veteran's neck, back, cervical radiculopathy, and bilateral lower extremity radiculopathy disorders are not causally related to or worsened by the service-connected right elbow recurrent ganglion cyst.

The Veteran's appeal has been dismissed as he withdrew his appeal regarding the issue of entitlement to a rating in excess of 20 percent for lumbosacral spine injury with degenerative joint disease and erectile dysfunction associated with total knee replacement, right knee.

The Board has determined that the Veteran does not have a current diagnosis of a headache disability, and thus service connection for this condition is denied.

The Board has reopened the Veteran's claim for service connection for hypertension and found that he had symptoms of sleep apnea during service and since service separation. The Board also granted a rating in excess of 60 percent for residuals of prostate cancer.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active duty service and is therefore granted service connection.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is at least as likely as not related to his military service.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service connection claim for sleep apnea.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation beginning December 5, 2008.

The Veteran's claims for increased ratings for his spine disability, sciatic nerve radiculopathy, and hallux valgus have been denied as the evidence does not support a higher rating under the applicable criteria.

The Board has reopened the claims of service connection for lumbosacral strain and new evidence supports this reopening. However, no new or material evidence was found to reopen the claims of service connection for duodenal ulcer, diabetes mellitus (including as due to in-service herbicide exposure), and hiatal hernia.

The Veteran's right shoulder and lumbosacral spine disabilities were aggravated by an error in judgment or an event not reasonably foreseeable, warranting compensation under 38 U.S.C. § 1151.

The Veteran has withdrawn their appeals regarding the reopening of claims for sleep apnea, bilateral foot disability, and bilateral knee disability. The Board does not have jurisdiction to consider these matters.

The Veteran's appeal is being remanded for additional development to assess the combined effect of all his service-connected disabilities on his ability to work, including his now service-connected acquired psychiatric disorder and bilateral lower extremity radiculopathy.

The Board found that the Veteran's claimed residuals of facial trauma, headaches, narcolepsy, sleep apnea, and allergic rhinitis are not related to service. The preponderance of evidence is against the claims.

The Veteran's lumbar spondylosis has been rated at 40 percent since the appeal began, and there is no evidence of ankylosis or incapacitating episodes that would warrant a higher rating.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 10 percent since October 1, 2003, and 40 percent since August 23, 2016. The claim for higher initial ratings for cutaneous neuritis of the anterior aspect of the left thigh remains denied.