Sleep apnea decisions — 2019

The reduction of the Veteran’s disability rating for a lumbosacral strain (lumbar spine disability) from 20 percent to 10 percent was improper, and restoration of the 20 percent disability rating is granted, effective October 1, 2010.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his service, specifically his reported exposure to CARC paint, mist, spray, and fume.

The Veteran's service-connected low back and right lower extremity disabilities have worsened, necessitating new VA examinations. The increased rating claims are remanded as they could significantly impact the TDIU claim.

The Veteran's sleep apnea is found to be incurred in service, with all reasonable doubt resolved in favor of the Veteran.

The Board has decided to remand several issues related to service connection for various conditions, including low back condition and sleep apnea. The decision is based on the need to obtain VA treatment records that have not been associated with the claims file.

The Veteran's current sleep apnea was diagnosed during service and is related to his military service, as evidenced by symptoms observed during deployment and upon return home. The Board found the private opinion linking the condition to service more probative than the VA examination.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment, as they are reflected in the disability ratings assigned.

The Veteran's initial evaluation for service-connected sleep apnea is being remanded due to the need for updated VA examinations and additional medical records.

The Veteran's obstructive sleep apnea is being remanded for further evaluation due to the need for an addendum VA medical opinion regarding its relationship to his service-connected PTSD.

The Veteran's petition to reopen his claim of entitlement to service connection for sleep apnea is granted. The Board finds new and material evidence has been received sufficient to reopen the previously denied claim, but remands for further examination and opinion regarding the etiology of his sleep apnea.

The Veteran's appeal for an earlier effective date for PTSD is denied. The Board also finds that the issue of service connection for sleep apnea needs to be remanded as there are insufficient medical opinions regarding its etiology.

The Veteran's TDIU claim is remanded due to the need for additional development, including obtaining medical records and vocational rehabilitation records. The case may also be referred to VA's Director of Compensation Service for consideration of extraschedular TDIU.

The Veteran's TDIU claim is being remanded due to the recent increase in his disability rating for back pain. The increased rating has not been considered yet, and the RO should ensure that it is properly taken into account before deciding on the TDIU.

The Veteran's bilateral hearing loss is currently rated as noncompensable, with a compensable rating denied.,Service connection for erectile dysfunction secondary to PTSD and hypertension has been granted. The Veteran will receive the appropriate compensation based on his service-connected conditions.,Service connection for sleep apnea secondary to PTSD has not been established.

The Board denied service connection for a low back disorder, erectile dysfunction, sleep apnea, and pseudofolliculitis barbae as they are not related to the Veteran's service or any service-connected disabilities.,Service connection was also denied for increased ratings of the Veteran’s left and right knee disabilities.

The Board has reopened the claim of service connection for obstructive sleep apnea due to new and material evidence, but the appeal is remanded for further development regarding the merits of the claim.

The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of a current disability or in-service event that caused the condition.,Service connection for major depressive disorder secondary to service-connected tinnitus, lumbar strain, and bilateral hearing loss is granted. The effective date for this decision remains October 11, 2011.

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

The Board has denied service connection for various conditions, including a scar on the chest, athlete's foot, arthritis of multiple joints, dental disorder, dry eye syndrome, left and right hand nerve disorders, sleep apnea, coronary artery disease, depression, enlarged prostate/benign prostate hypertrophy (BPH), frostbite, and PTSD. The Board found no evidence linking these conditions to service or any other relevant factors.,The Veteran's claims for various disabilities were denied as there was insufficient evidence to support the assertions of in-service onset or a link between current disability and service.

The Veteran's right ankle disability, including post-traumatic arthritis and instability, is rated at 10 percent.,Service connection for cervical spine strain and degenerative disc disease of the cervical spine are granted.