Sleep apnea decisions — 2019

The Board has remanded the Veteran's claims for service connection for sleep apnea, initial ratings for bilateral upper and lower extremity peripheral neuropathy, and TDIU due to service-connected disabilities. The issues of service connection for sleep apnea and initial ratings for peripheral neuropathy are being remanded for new etiology opinions from a VA examiner, while the TDIU claim is also being remanded as it is inextricably intertwined with the increased rating claims.

The Board has granted the Veteran's appeals to reopen service connection for sleep apnea and residuals of a right foot shrapnel wound, finding that new and material evidence supports these claims. Service connection is granted for these conditions.

The Veteran's claims for service connection for pseudofolliculitis barbae, sleep apnea, and degenerative joint disease of the right knee were denied. The claim for a separate compensable rating for limitation of flexion associated with the right knee was granted at 10 percent from November 2, 2011 until May 14, 2012. A compensable rating for residual scar, right knee, was also denied.

Service connection for right wrist arthritis is denied as the Veteran's pre-existing condition did not manifest during service or within one year of separation.,Service connection for disability manifested by right hip pain is remanded due to potential secondary service connection with obesity caused by service-connected lumbar spine disability and associated radiculopathy.

The Veteran's back disability is currently rated at 20 percent, and the Board has remanded to determine if a higher rating is warranted. Additionally, the Veteran claims TDIU based on his service-connected back disability.

The Veteran's service-connected sleep apnea and anxiety disorder make it impossible for him to secure or follow a substantially gainful occupation.

The Veteran's claim for service connection of obstructive sleep apnea was denied in March 2003, and the effective date for the grant of service connection is denied as it would be barred by abandonment due to failure to respond within one year to a request for information.

The Board has granted service connection for a lumbosacral strain and remanded the issue of an initial rating for major depressive disorder.

The Board has remanded the claims of service connection for sleep apnea, right knee disorder, right hip disorder, and an acquired mental disorder due to new evidence received since previous decisions.

The Board denied service connection for Obstructive Sleep Apnea as it did not have its onset during the Veteran's active duty and was neither caused nor aggravated by his service-connected prostate cancer or treatment.

The Board has remanded the Veteran's claims for service connection for lumbosacral spine disability and bilateral lower extremity disability, including lumbar radiculopathy, to include as secondary to service-connected bilateral foot disability. The VA examinations were inadequate in addressing all of the requested information.

The Veteran's service-connected disabilities, including a right leg amputation and diabetes mellitus with peripheral neuropathy, result in loss of one lower extremity and associated functional impairment that precludes locomotion without assistive devices. The Board finds eligibility for specially adapted housing.

The Board denied service connection for sleep apnea and low back disability, both claimed as secondary to service-connected PTSD with panic/anxiety and depression or peripheral neuropathy.,No medical evidence supports a direct relationship between the Veteran's current conditions and his military service.

The Board denied service connection for obstructive sleep apnea as the evidence did not establish a relationship between the condition and active military service.

The Veteran's appeal for a higher rating for his service-connected lumbosacral spine DJD and DDD is being remanded due to the need for updated VA examination and additional treatment records.

The claim for service connection for sleep apnea is reopened and granted. The claims for severance of service connection for IVDS, related radiculopathies, and erectile dysfunction are also granted.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the evidence did not support earlier effective dates or higher disability ratings.

The Veteran's service connection for residuals of kidney cancer, sleep apnea, hypertension, and diabetes mellitus is granted. Service connection for chloracne is granted with a 30 percent rating prior to October 16, 2012.

The Board has dismissed the issue of retroactive payment of disability compensation benefits in an amount greater than $64,838.10 and has remanded for issuance of a statement of the case on the issue of an earlier effective date for service connection.

The Veteran's claims for increased ratings for lumbosacral strain and right lumbar radiculopathy are being remanded due to the need for additional VA examinations to assess current severity.