Sleep apnea decisions — 2018

The Veteran's appeal is being remanded due to the need for additional examinations and records to assess the current severity of his service-connected lumbosacral and cervical spine disabilities.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of December 17, 1998. The January 2000 rating decision contained clear and unmistakable error (CUE).

The Veteran's claim for service connection for sleep apnea, to include as secondary to PTSD, was denied. The Board found that the preponderance of evidence did not support a finding that his current sleep apnea is related to service or a service-connected disability. His posttraumatic stress disorder has been rated at 70% since August 11, 2010.

The Board has determined that the Veteran's sleep apnea had its onset during his active military service and grants entitlement to service connection for this condition.

The Veteran has withdrawn his appeals regarding service connection for a low back condition and sleep apnea as secondary to PTSD.

The Veteran is granted a separate, 40 percent disability rating for the side effects of the medications used to treat his service-connected lumbosacral strain.,An effective date of October 11, 1995, is assigned for the award of TDIU on an extraschedular basis.

The Veteran's appeals for service connection and increased ratings have been dismissed due to his request for withdrawal of all claims related to physical or mental illness.

The Board has determined that the Veteran's low back disability is etiologically related to his active service and grants service connection for lumbosacral strain.

The Veteran's current sleep apnea disorder was not present during service or for many years thereafter, and is not shown to be causally or etiologically related to any injury, illness, or incident during service, or secondary to a service-connected disability, including tinnitus.

The Board has determined that the Veteran's sleep apnea is caused by his service-connected stroke and grants service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service or a service-connected disability, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development to obtain medical opinions and records, as well as to address the issues of service connection for various conditions.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his lumbar spine disability did not warrant a rating in excess of 10 percent, and that there was insufficient evidence to support service connection or secondary service connection for sleep apnea or TMJ.

The Veteran's claim for service connection for sleep apnea was denied as there is no evidence linking the condition to his active duty service.,For the period prior to February 15, 2011, the Veteran's initial rating for coronary artery disease (now characterized as ischemic heart disease) was granted at a 30% level.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected back disability and sciatica.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, effective from August 16, 2016. The Board found that the evidence did not support a higher rating prior to this date.

The Veteran's appeal is being remanded to obtain additional evidence and provide an addendum opinion regarding his claims for service connection for sleep apnea, increased ratings for various disabilities, and other issues on appeal. The AOJ will also attempt to obtain any outstanding treatment records from the Darnall Army Medical Center.

The Veteran's current sleep apnea was not manifest in service and is unrelated to service. The Board denied the claim for service connection.

The Veteran's GERD with a hiatal hernia is currently rated as 30 percent disabling.,Service connection for emphysema and OSA are granted.

The Board has determined that the Veteran's sleep apnea, right hand condition, and left hand condition are not service-connected. The evidence does not support a finding of direct service connection for these conditions.