Sleep apnea decisions — 2018

The Board has denied the Veteran's claims for an increased rating for PTSD and a TDIU, finding that his service-connected disabilities do not cause unemployability.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by his honorable period of service, and thus denied his claim for service connection.

The Veteran's low back disability was rated at 20 percent effective May 5, 2014. The rating is for the period after this date.

The Veteran's current sleep apnea is not related to his service, including exposure to asbestos. The Board finds that the preponderance of evidence does not support a finding of service connection.

The Board has determined that a rating of 20 percent for the lumbosacral spine disability, as of May 9, 2008, but not earlier, is granted. The case is also referred to the Director of Compensation and Pension for consideration of TDIU.

The Board has granted service connection for sleep apnea, but dismissed the appeal regarding right ear hearing loss as the Veteran withdrew his appeal on October 16, 2017.

The Veteran's appeal is being remanded for further development, including obtaining VA examinations and additional medical records.

The Veteran's appeal is remanded for further development to determine the current severity of his service-connected right and left knee disabilities and lumbosacral spine disability.

The Veteran's claims for earlier effective dates and service connection have been denied. The Board found that no new or material evidence had been submitted to reopen the previously denied claims.

The Veteran's appeal for an earlier effective date for a 40% disability rating for lumbosacral muscle strain with L5-S1 sacralization (fusion) and myofasciitis is dismissed as the claim was not filed in accordance with legal precedent.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or any other respiratory disorder, and his sleep apnea is not related to service, including asbestos exposure. Therefore, the claim for service connection for asbestosis, claimed as sleep apnea, is denied.

The Veteran's sleep apnea is found to be related to his time in service and the claim for service connection is granted.

The Board has granted the Veteran's claims for service connection for bilateral knee joint osteoarthritis and lumbosacral strain, finding that these conditions are related to her active military service.

The Board has determined that further development of the medical evidence is required to determine if the Veteran's service-connected bilateral knee degenerative arthritis contributed to his death. The case is REMANDED for this purpose.

The Board has determined that the Veteran's heart disease and obstructive sleep apnea are not service-connected, as they were not present in service or within one year of separation, and there is no evidence linking them to service.

The Board has remanded the case for additional development, including obtaining a VA medical opinion to determine if the Veteran's sleep apnea is related to his service-connected PTSD.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 60 percent, effective September 2, 2014. The scars are rated as 10 percent disabling.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the combined effects of his service-connected disabilities on his employability.

The Veteran's claims for service connection were reopened and granted effective May 30, 2013. The Board also determined that the Veteran is entitled to an effective date of May 30, 2013 for his low back disability, right knee osteoarthritis, left knee osteoarthritis, painful healed scar of the right forearm, and nonpainful healed scar of the right forearm.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and providing an adequate addendum opinion from a VA examiner regarding the relationship between the Veteran's skin disorders and his service, specifically considering his conceded in-service exposure to Agent Orange.