Sleep apnea decisions — 2018

The Board has determined that further development is necessary before a decision on the merits may be made regarding the Veteran's claims for service connection for left knee disability and sleep apnea.

The Veteran's low back disability was found to not meet the criteria for a higher rating from August 16, 2008 to September 18, 2010. After September 18, 2010, his disability did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes warranting a higher rating.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during service, was first diagnosed years after service, and is not otherwise etiologically related to service. The Board also found that the Veteran's sleep apnea is not caused by or aggravated by his service-connected PTSD.

The Board has determined that the Veteran had symptoms of sleep apnea during service and since service separation, and thus service connection is granted for sleep apnea.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a higher than 20 percent rating for his lumbosacral strain with minimal degenerative changes, L4-5, or for a higher than 10 percent rating for his chronic left L5-S1 radiculopathy.

The Veteran's lumbosacral DJD was found to have a combined range of motion of 220 degrees, with forward flexion limited to 70 degrees. The current disability rating of 10 percent is maintained prior to February 11, 2011 and the current rating of 20 percent thereafter.

The Board denied service connection for obstructive sleep apnea and an effective date prior to September 8, 2008 for TDIU.

The Board has determined that the Veteran's obstructive sleep apnea is not service-connected as secondary to his service-connected generalized anxiety disorder.

The Board found that the Veteran's obstructive sleep apnea was not caused or aggravated by his service-connected PTSD and/or diabetes mellitus, and therefore denied the claim for service connection.

The Veteran's claims for increased ratings and service connection were granted. The Veteran was awarded service connection for diabetes mellitus, type II, to include as secondary to herbicide exposure, and service connection for sleep apnea, to include as secondary to his service-connected post-concussional syndrome with cerebellar dysfunction.

The Board has determined that the Veteran's sleep apnea and bilateral knee tricompartmental osteoarthritis are related to his military service, granting service connection for both conditions.

The Veteran has been granted service connection for sleep apnea, with the Board finding that symptoms began during active duty and have continued since separation.

The Board denied the Veteran's claim for an earlier effective date prior to July 21, 2011 for resumption of his disability compensation benefits for lumbosacral strain due to failure to initiate a timely appeal.

The Board finds that the Veteran's current diagnosis of sleep apnea is related to his military service, and grants service connection for this condition.

The Veteran's claim for an earlier effective date for the award of service connection for sleep apnea was denied as there is no evidence that he appealed the January 2006 rating decision denying service connection, and his December 2, 2010, claim to reopen was filed after entitlement arose.

The Veteran's diabetes mellitus is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's sleep apnea was first diagnosed in service and is considered to have manifested during active duty. The Board has determined that the Veteran meets the criteria for service connection based on direct evidence of a disease or injury occurring in service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset in service and granted his claim for service connection.

The Veteran's claims for increased ratings and service connection have been granted, with the exception of his claim for sleep apnea. The effective date is not specified.

The Veteran's bilateral pes planus and lumbar spine DJD with mild levoscoliosis and strain are not service-connected. The Board finds that the Veteran did not meet the burden of establishing an increase in disability beyond its natural progression during service, thus denying his claims for these conditions.