Sleep apnea decisions — 2018

The Board has remanded the Veteran's claims for increased ratings and other benefits due to inadequate examinations, in particular regarding his lumbosacral strain and associated radiculopathy. The case is also remanded for further development related to TDIU, specially adapted housing, special home adaptation grant, and helpless child benefits.

The Veteran's initial evaluation for lateral collateral ligament sprain of the left ankle is denied. An initial 40 percent evaluation has been granted for lumbosacral spine spondylosis.,Issues regarding service connection for right shoulder, right ankle, and left foot disorders are remanded.

The Board has granted service connection for the Veteran's left shoulder, left knee, and low back disabilities. The diagnoses include lumbosacral strain and degenerative arthritis, patellofemoral syndrome and strain in the left knee, and supraspinatus tendinosis and posterior labral tear in the left shoulder.

The Board has reopened the claims for service connection for left and right ankle disabilities, sleep apnea, gastritis/GERD, and PTSD due to new evidence submitted by the Veteran. The claims are now remanded for further development.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea.

The Board has remanded the claims for service connection for left shoulder disability, bilateral hearing loss, asbestosis, sleep apnea, and depression due to outstanding VA treatment records.

The Veteran's claims for service connection for a pulmonary condition, sinusitis, sleep apnea, post-concussion syndrome, and narcolepsy have all been denied. The Board found no evidence of current disabilities related to these conditions.,The Veteran was not diagnosed with any of the claimed conditions during his appeal period.

The Veteran's claim for service connection for bilateral hearing loss is granted. The claims for a rating in excess of 50 percent for PTSD and for sleep apnea are remanded due to the need for additional examinations.

The Veteran's claim for service connection for obstructive sleep apnea-hypopnea was received on April 6, 2012. Since no earlier claim or indication of intent to seek service connection prior to this date has been found, the effective date cannot be established before April 6, 2012.

An effective date of October 15, 2015 for the grant of service connection for a right foot disorder is granted.,An effective date prior to October 15, 2015 for the grant of service connection for a left foot disorder is denied.

The Veteran's tinnitus is granted as secondary to his service-connected anxiety disorder.,Service connection for a sleep disorder (mild sleep apnea) is denied, as the evidence does not establish a separate disability from his service-connected adjustment disorder with anxiety.

The Veteran's service connection claims for cervical and lumbar spine degenerative disc disease, scars on the left hand, allergic rhinitis, asthma, COPD, sleep apnea, heart condition, and GERD have been denied. The VA has ordered additional examinations to address these issues.,The Veteran is not entitled to service connection for his claimed conditions as there is no evidence of a nexus between his current diagnoses and active service.

The Veteran's claim of service connection for bilateral hearing loss is denied as he does not have a current disability.,Service connection for lumbar spine disability, emphysema, obstructive sleep apnea, and diabetes mellitus, type II are all denied. The Board finds that the evidence does not support a finding that these conditions were incurred in service or otherwise related to service.

The Board has remanded the claims for service connection for hypertension and stroke due to potential in-service etiology. The Veteran's tinnitus, bilateral hearing loss, and sleep apnea are denied as not related to service.

The Board has remanded the Veteran's claims for service connection due to conflicting personnel records regarding his ACDUTRA period. The RO is instructed to verify the Veteran’s assertion of full-time ACDUTRA during November 1992 to July 1993 at Fort Buchanan, Puerto Rico.

The Board denied the Veteran's claims for service connection for sleep apnea and kidney disorder. The decision on sleep apnea was based on a lack of evidence linking it to service, while the kidney disorder claim was denied as new evidence did not establish a link to service.

The Veteran's claims for service connection for headaches and sleep apnea, as well as his initial rating for MDD, ratings for right knee patellofemoral pain syndrome, left knee osteoarthritis, left knee instability, and degenerative disc disease of L5-S1 have all been denied. The Board found that new evidence did not establish a link between the Veteran's conditions and service.

The Veteran's claim for service connection for a chronic headache disorder is granted. The claims for higher initial ratings for his lumbosacral spondylolisthesis with degenerative disc disease and right lower extremity radiculopathy, as well as the adjustment disorder with mixed anxiety and depressed mood are remanded for further development. The Veteran's claim for a total disability rating based on individual unemployability is also remanded.

The Veteran's combined disability rating is currently at 100%, but the Board finds that he has not been unemployable due to his service-connected disabilities, as evidenced by his continued employment and participation in vocational rehabilitation.

The Veteran's sleep apnea requires the use of a CPAP machine, which is granted a 50% rating.