Sleep apnea decisions — 2018

The Board has granted service connection for sinusitis with nasal polyps, obstructive sleep apnea, and atrial fibrillation. The evidence supports the Veteran's claims that these conditions are related to his military service, particularly his exposure at Ground Zero following the September 11 attacks.

The Board has decided to remand the case due to the need for a VA examination regarding the Veteran's sleep apnea, which is claimed to have started during service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for asthma. The claims for bilateral hearing loss, skin cancer, and sleep apnea are remanded due to outstanding medical records and need for additional examinations.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it began during active service and is related to his service-connected tinnitus and right knee and bilateral feet disabilities.

The Veteran's claims for service connection for periodontal disease, claustrophobia, sleep apnea, and TMJ/teeth grinding are being remanded due to the need for additional development of evidence.

The Veteran's service-connected disabilities did not preclude him from securing and following substantially gainful employment.

The Veteran's service-connected DJD of the lumbosacral spine and impairment of the sciatic nerve are currently rated at 20 percent, which is the maximum schedular rating available for these conditions.

The Veteran's lower back disability is rated at 20 percent, and his right and left lower extremity radiculopathy are each rated at 10 percent from April 26, 2016. The appeal for a higher rating for the lumbar spine disability is denied.,The Veteran's right lower extremity radiculopathy is granted at 20 percent effective April 26, 2016.

The Board has remanded the case due to lack of substantial compliance with previous remand directives and a need for another VA examination.

The Veteran's type II diabetes mellitus and obstructive sleep apnea are granted as service-connected. The OSA is secondary to the service-connected diabetes.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 40 percent, effective May 10, 2017. The claim for a higher rating prior to that date is denied.,The Veteran's sciatica of the left lower extremity is currently rated at 20 percent, effective November 3, 2014. The claim for a higher rating prior to that date is denied.

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

The Board has decided to remand the case for further examination and opinion regarding service connection for sleep apnea, specifically during the periods of May 2016 to October 2017 and December 2004 to May 2005/October 2005 to December 2006. The examiner is asked to consider the Veteran's lay testimony regarding in-service snoring complaints from roommates and his wife’s observations upon return.

The Board has decided that further development is needed for the Veteran's claims of service connection for OSA and ED, as these conditions are claimed to be secondary to his service-connected PTSD. The VA will provide examinations to assess the etiology of both conditions.

The Board denied the Veteran's claims for earlier effective dates for service connection due to lack of clear evidence to rebut the presumption of regularity that applies to VA's date-stamping of incoming mail, and thus, the earliest possible effective date is June 1, 2011.

The Veteran's sciatic nerve impairment of the left lower extremity is granted a 40% evaluation, effective from the date of the decision. The claim for an earlier effective date for service connection for lumbosacral strain and sciatic nerve impairment of the left lower extremity remains pending.

The Veteran's service-connected chronic lumbosacral strain has not manifested with forward flexion of the thoracolumbar spine to 30 degrees or less, and there is no evidence of favorable ankylosis. Therefore, a disability rating in excess of 20 percent for this condition is denied.

The Board has decided that the Veteran's current OSA is not related to his active military service and remands the case for a new examination.

The Board has determined that the Veteran's current sleep apnea is either caused or aggravated by his service-connected PTSD, and therefore grants service connection for this condition as secondary to PTSD.

The Veteran's claim for sleep apnea has been reopened, but the issue of service connection remains pending as a remand is required to obtain an examination and opinion regarding his condition.