Sleep apnea decisions — 2018

The Veteran's sleep apnea is not service-connected and is not caused or aggravated by her service-connected lymphedema or gastroesophageal reflux disease (GERD).,Since June 5, 2015, the Veteran has a left leg disability rated at 20 percent. The right leg disability remains rated at 20 percent.,The Veteran's undiagnosed illness is not rated in excess of 10 percent as it does not meet the criteria for a higher rating.

The Board denied service connection for hip, back, heart, hypertension, and OSA disabilities. The claims were not reopened.

The Veteran's service connection claims for PTSD, bilateral hearing loss, sinus disorder, sleep apnea, right lower extremity radiculopathy and left lower extremity radiculopathy are all granted. The rating for lumbar strain remains at 20%.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea and whether it is related to service-connected disabilities.

The Veteran's claims for a higher rating for his obstructive sleep apnea with constrictive bronchiolitis and TDIU have been remanded due to the need for updated VA treatment records, a new VA examination addressing both conditions, and an opinion on the combined effect of his service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unemployable since April 1, 2015. The Board finds that the evidence is in equipoise as to whether his service-connected conditions make it impossible for him to secure and follow substantially gainful employment.

The Veteran's claim for service connection for insomnia is granted, but the claim for sleep apnea is denied.

The Veteran's applications to reopen claims for sleep apnea and left knee disability were denied, as the new evidence did not relate to an unestablished fact necessary to substantiate these claims. The application to increase the rating of post-traumatic stress disorder (PTSD) was also denied, with the Board finding that the symptoms did not warrant a 100% rating due to the absence of total occupational and social impairment.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and thus grants entitlement to TDIU.

The Board has remanded the Veteran's claims for sleep apnea, degenerative disc disease of the thoracolumbar spine, headaches, and an acquired psychiatric disorder due to insufficient evidence or conflicting opinions.

The Board has remanded the claims for service connection and rating determinations due to outstanding VA treatment records. The Veteran's claims will be reconsidered with these records.

The Board has denied service connection for TBI due to a lack of evidence of current disability or residuals thereof.,Service connection is remanded for respiratory disability, including sinusitis and obstructive sleep apnea.

The Board has decided to remand two issues: service connection for sleep apnea and a higher rating for diplopia. The Veteran's symptoms of trying to catch his breath and gurgling during active duty are considered in deciding the sleep apnea claim, but further examination is needed. For the diplopia issue, the Board finds that additional records from private treatment are required as well as an updated VA examination.

The Board has remanded several issues related to the Veteran's service connection claims, including for bilateral foot disorders, major depressive disorder, right knee and left knee arthritis, skin disorder (claimed as from shaving), allergic rhinitis, and headaches. The specific nature and etiology of these conditions will be determined through further medical examination.

The Board has granted service connection for tinnitus and obstructive sleep apnea, finding that the evidence is at least in equipoise as to whether these conditions were incurred during active military service.

The Board has decided to remand the Veteran's claims for sleep apnea and hypertension due to incomplete development of records and the need for additional medical opinions.

The Board has determined that the Veteran's claims of service connection for bilateral ankle disability, sleep apnea, and erectile dysfunction are remanded due to insufficient evidence. The claims will be reviewed again with new VA examinations.

The Board has granted service connection for obstructive sleep apnea and remanded the issues of service connection for left ear hearing loss, bilateral restless leg syndrome, left carpal tunnel syndrome (secondary to service connected left elbow epicondylitis), and right carpal tunnel syndrome.,Service connection was denied for left ear hearing loss.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to his military service. The Veteran and a former roommate have provided lay statements supporting their claim, but these were not considered by the previous VA examiner.

An effective date of February 16, 2010 is granted for the grant of TDIU.,An effective date of February 16, 2010 is granted for the grant of DEA benefits.,A disability rating in excess of 20 percent for chronic lumbosacral strain is denied.