Sleep apnea decisions — 2018

The RO reduced the Veteran's right knee chondritis of the patella rating from 20 percent to 10 percent effective April 1, 2008. The reduction was proper as there was no material improvement in the condition that had been maintained under ordinary conditions of life.

The Board has remanded the claims for additional development due to new evidence received after a previous decision, and because of the potential service connection between hypertension and PTSD.

The Board has denied the Veteran's claims for service connection for sleep apnea as secondary to his service-connected bronchial asthma and a rating in excess of 30 percent for his bronchial asthma.

The Board has determined that the Veteran's service-connected sinusitis contributed to cause his OSA, and therefore grants secondary service connection for OSA.

The Board found that the Veteran's obstructive sleep apnea was not aggravated by his service-connected hypertensive left ventricular hypertrophy, and thus denied the claim of entitlement to service connection for sleep apnea as secondary to heart disability on an aggravation basis.

The Board finds that the Veteran's OSA as likely as not had its onset during his active duty service and is therefore granted service connection.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected disabilities and to determine their etiology.

The Board finds that the evidence supports a finding that obstructive sleep apnea syndrome had its onset during service and grants service connection for this condition.

The Veteran's appeals for higher ratings have been withdrawn.

The Board has determined that the Veteran's low back disability, including a lumbosacral strain, chronic low back pain with osteoarthritis and L4-5 spinal stenosis, had its onset during service and is therefore granted service connection.

The Veteran's sleep apnea was incurred in service. The rating for PTSD with depressive disorder prior to April 2, 2014 is granted at 30 percent. The rating for TBI with central vertigo prior to April 2, 2014 is also granted at 30 percent.

The Veteran was found unemployable from August 29, 2011 to September 30, 2015 due to the combined effects of his service-connected PTSD and sleep apnea. His combined disability rating for these conditions is 80 percent.

The Board has decided to remand the case due to a lack of a VA examination for sleep apnea, and to obtain any outstanding VA treatment records.

The Board denied service connection for sleep apnea, cervical spine disorder, neurological disorders of the upper and lower extremities/hands/feet due to lack of evidence showing current disabilities. The Veteran's claimed conditions are not presumed due to herbicide exposure or any other basis.

The Veteran's appeal is being remanded for additional development to obtain relevant medical records and provide the Veteran with a VA examination to assess his service-connected viral meningitis residuals and lumbosacral strain.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected posttraumatic stress disorder, and thus grants service connection for this condition.

The Veteran's cardiovascular signs and symptoms, gastroesophageal reflux disease (GERD), obstructive sleep apnea (OSA), dermatitis, and vertigo have not been diagnosed. The Veteran's lumbar radiculopathy is service-connected.,PTSD remains service-connected but the Veteran has not provided sufficient evidence to warrant a higher rating.

The Veteran's claim for increased ratings for his service-connected back disability and associated neurological, urinary, and bowel impairments has been granted. He is now rated at 80 percent for left lower extremity lumbar radiculopathy, 80 percent for right lower extremity lumbar radiculopathy, 60 percent for urinary dysfunction, and 100 percent for bowel dysfunction as secondary to his service-connected back disability.

The Veteran's claim for service connection for sinusitis was denied because he did not have a current diagnosis of the condition. The claim for an earlier effective date for TDIU prior to May 17, 2006, but not before January 1, 1996, is also denied as the Veteran had been working until December 1995 and therefore was not unemployable due to service-connected disabilities.

The Board has remanded the case for further development and readjudication of the claims, including obtaining employment verification forms from the Veteran's previous places of employment and any outstanding medical records.