Sleep apnea decisions — 2018

The Veteran's lumbosacral strain with arthritis did not meet the criteria for a disability rating in excess of 20 percent prior to March 4, 2014.

The Board has determined that the Veteran's complex sleep apnea syndrome existed prior to his military service and was not aggravated by service. Therefore, the claim for service connection is denied.

The Veteran's left knee disability is not service connected, and his right knee disability does not cause or aggravate his left knee disability.,The Veteran meets the schedular criteria for a TDIU as of April 16, 2010.

The Board found that the Veteran's current obstructive sleep apnea disability is not related to his active duty service, including any service-connected condition.

The Board finds that the Veteran's sleep apnea had its onset during his service and grants service connection for this condition.

The Board has determined that additional evidence is needed, including service treatment records and a VA examination for the Veteran's TBI, IBS, and respiratory disorder claims. The case is therefore REMANDED.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied. The Board found that the evidence did not meet the criteria for a compensable evaluation.,The Veteran's previously denied claim of service connection for a bilateral shoulder disorder has not been reopened due to lack of new and material evidence.

The Board has determined that it is as likely as not that the Veteran's obstructive sleep apnea began in service, and thus grants service connection for this condition. The issue of an increased rating for lumbar strain remains pending.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining an opinion regarding his bilateral hearing loss and issuing a Supplemental Statement of the Case for the remaining issues.

The Veteran's sleep apnea is related to his military service and the Board has determined that he is entitled to service connection for this condition.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, a back condition, a right shoulder disability, and a cervical disability due to lack of evidence linking these conditions to his military service. The Board found that there was no in-service event or injury related to these disabilities.

The Board denied service connection for an acquired psychiatric disability, GERD, and sleep apnea. The Veteran's current conditions are not considered to be related to his active military service.

The Veteran withdrew his appeals for service connection for bilateral hallux valgus and a rating in excess of 0 percent for bilateral hearing loss during the September 2017 Board hearing. The appeal for sleep apnea remains.

The Board denied the claim as there is no evidence that any service-connected disability caused or contributed to the Veteran's death from metastatic transitional cell cancer.

The Veteran's lumbosacral strain with DJD and DDD was granted a 40 percent disability rating effective October 25, 2012.,From October 25, 2012 to November 14, 2016, the Veteran's disability rating for her lumbosacral strain with DJD and DDD was increased from 20 percent to 40 percent.,After November 14, 2016, the Veteran's disability rating remains at 40 percent.

The Board finds that the Veteran's macular degeneration and lumbosacral strain with degenerative disc disease at L4-L5 are not service-connected. The ankle conditions have been rated appropriately, but the Veteran is found to be unemployable due to his disabilities.

The Board found that the Veteran's sleep apnea and sexual dysfunction including erectile dysfunction did not manifest during service or are otherwise etiologically related to service. The evidence does not support a finding of secondary service connection due to his hypertension.

The Board has determined that the Veteran's obstructive sleep apnea was not caused by his service-connected degenerative disc disease of the cervical spine, and therefore denied the claim for service connection.

The Veteran withdrew his appeal for an increased rating of 40 percent or higher for a chronic lumbosacral strain.

The Board has determined that the Veteran's sleep apnea had its onset during service and grants the claim for service connection.