Sleep apnea decisions — 2018

The Board has decided the issue of an initial rating higher than 40 percent for lumbosacral DDD from January 1, 2011 in March 2016 and dismissed the appeal as it is already decided.

The Veteran's depressive disorder, combined with other service-connected disabilities, has rendered him unable to secure or follow substantially gainful employment. Effective November 6, 2012, the Veteran is granted a TDIU.

The Veteran's claim of service connection for sleep impairment (claimed as sleep apnea) has been granted, and the appeal is dismissed because it was rendered moot by the grant of service connection.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service, including a carbon monoxide poisoning incident. The Veteran will need to provide any new evidence and undergo an examination.

The Board granted service connection for sleep apnea as secondary to service-connected diabetes mellitus, type II. Service connection was denied for retinopathy and hypertension as secondary to service-connected diabetes mellitus, type II.

The Veteran's asthma, sleep apnea, hypertension, high cholesterol, residuals of TBI, and migraine headaches have been reopened for further review.

The Board denied the Veteran's claims for service connection for various conditions, including atrophy of left thigh muscles, cervical spine disorder, right and left knee patellar strains, right ankle disorder, left foot disorder, right great toe hallux valgus and hallux rigidus, obstructive sleep apnea, hypertension, pseudofolliculitis barbae (PFB), and diabetes mellitus. The Board found that the evidence did not establish a direct relationship between these conditions and service.

The Board has decided to remand the cases for further development due to insufficient medical opinions regarding the etiology of the Veteran's sleep apnea and skin disability.

The Veteran's right shoulder arthropathy is denied as there is no evidence of a chronic condition during service or related to an in-service injury.,Service connection for the low back condition, diagnosed as degenerative lumbosacral spine disease with congenital spinal stenosis, is also denied due to lack of a nexus between the current diagnosis and service.

The Veteran's service connection claims for lumbar spondylosis, bilateral hearing loss, high cholesterol, heart condition (to include as secondary to obstructive sleep apnea), migraines, and an acquired psychiatric condition have all been denied.,Service connection was not granted because the evidence did not support a finding that any of these conditions were incurred or aggravated by service.

The Board has denied the Veteran's claims for service connection for sleep apnea, PTSD, and bilateral knee disabilities due to a lack of evidence linking these conditions to his military service. The appeals are being remanded for further development.

The Board has granted service connection for low back disability, depressive disorder, and obstructive sleep apnea as secondary to the Veteran's service-connected comminuted left tibia fracture with shortened left leg. The Veteran is not entitled to a higher rating for his tinnitus.

The Veteran's claims for service connection for hypertension, depression, and sleep apnea have been granted. The claim for hyperlipidemia is denied. The effective dates for the grants of service connection for residuals, anterior cruciate ligament repair, left knee, and degenerative changes, left knee are denied.

The Board has reopened the Veteran's claim of service connection for sleep apnea due to new and material evidence, but remanded for a VA examination.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to PTSD, needs further development and is therefore remanded.

The Board denied the Veteran's claims for service connection of urethral disorder, gastrointestinal disorder, and lumbosacral spine disorder due to lack of cooperation in providing necessary information.

The appeal for a rating in excess of 10 percent for left knee disability has been dismissed due to the Veteran's attorney requesting withdrawal. The appeals for service connection for hypertension and obstructive sleep apnea secondary to obsessive-compulsive disorder have been remanded as new evidence was submitted by the Veteran.

The Board has found that a VA examination is necessary to determine the nature and etiology of the Veteran's sleep apnea, which may be related to his active military service.

The Board has remanded the case due to the need for a VA examination and medical nexus opinion regarding the Veteran's obstructive sleep apnea, which is claimed to be related to service.

The Veteran's sleep apnea syndromes are found to be incurred in service, resolving all doubts in his favor.