Sleep apnea decisions — 2019

The Veteran's service-connected disabilities, including PTSD, sleep apnea, macular degeneration, and bilateral hearing loss, render him unable to obtain and maintain substantially gainful employment.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) had its onset during his active duty service and granted service connection for OSA.

The Veteran's claim for an increased evaluation for his service-connected degenerative arthritis of the spine with lumbosacral strain and intervertebral disc syndrome is being remanded due to inadequate VA examinations. The issue remains on appeal.

The Board denied service connection for lower back and left knee disorders on the basis that there was no evidence of a nexus between the current conditions and military service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a relationship between his current diagnosis and his service-connected anxiety disorder.

The Board has denied the Veteran's claims for service connection for sleep apnea and PTSD, but has granted a new and material evidence claim for his psychiatric disorder other than PTSD. The appeal is remanded to obtain additional medical records and to schedule the Veteran for a VA examination.

The Veteran's lumbosacral strain disability resulted in forward flexion of the thoracolumbar spine at least 30 degrees but less than 60 degrees from November 13, 2013 to January 2, 2018. The Board granted a 40% disability rating for this period.

The Veteran's sleep apnea was diagnosed in October 2014 after a sleep study. The Board found that the condition began during active service and granted service connection for sleep apnea.

The Board denied service connection for joint pain, sleep apnea, and tension headaches as they are not shown to be related to service or an undiagnosed illness.,Specifically, the Veteran's joint pain was found not to have been incurred in service and is not attributable to any unidentified illness or medically unexplained multi-symptom illness resulting from his service.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is caused and aggravated by his service-connected disabilities including fibromyalgia.

The Veteran's sleep apnea is granted as it is proximately due to his service-connected allergic rhinitis with sinusitis. The initial compensable evaluation for erectile dysfunction and the effective date prior to March 23, 2015, for PTSD are denied. The Veteran has been granted service connection for erectile dysfunction effective from March 23, 2015, based on the date of claim.

The Veteran's gouty arthritis is rated at 40 percent from February 24, 2015. His lumbosacral strain remains at a 10 percent rating.

The Board denied service connection for fatigue disorder, left upper extremity neuropathy, right upper extremity peripheral neuropathy, an acquired psychiatric disorder (claimed as mental condition), and sleep apnea.,The Board also denied earlier effective dates for the grant of service connection for right lower extremity peripheral neuropathy and the 10 percent disability evaluation assigned for left lower extremity peripheral neuropathy.

The Veteran's claims of service connection for obstructive sleep apnea and increased ratings for thoracic spine and cervical spine disabilities are remanded due to inadequate development. The VA examinations did not include passive range of motion testing, functional loss assessment during flare-ups or repeated use, and the Reserve personnel and medical records need to be obtained.

The Board has decided to remand the case for additional development due to the need for a VA examination to evaluate the Veteran's sleep apnea.

The Veteran's claim for an earlier effective date for service-connected PTSD and sleep apnea is being remanded. The issue of whether the September 14, 2010 rating decision denying service connection for PTSD was clearly and unmistakably erroneous is also inextricably intertwined with this matter.

The Board has found that additional development is needed prior to final adjudication of the issues on appeal, specifically a new VA examination for the Veteran's back condition due to his spina bifida. The case will be returned to the Board after compliance with appellate procedures.

The Veteran's sleep apnea, cervical spondylosis C5-C6 and C6-C7, eczema, hearing loss, low back degenerative disc disease, PTSD, right elbow lateral epicondylitis, right shoulder rotator cuff pathology, and tinnitus are all granted service connection.,Effective dates for the above conditions have been set at December 16, 2009.

The Board has remanded the claims of service connection for degenerative disc disease of the lumbar spine, flat feet with inflammation, right wrist condition, carpal tunnel syndrome, and sleep apnea due to insufficient evidence on record.

The Board denied service connection for sleep apnea, nerve conditions of the left and right lower extremities, and a rating in excess of 10 percent for acid reflux.