Sleep apnea Board decisions

The Board has remanded the Veteran's claims for service connection, financial assistance in purchasing a vehicle, and specially adaptive housing due to missing VA treatment records. The case will be returned to the RO for readjudication.

The Board denied service connection for obstructive sleep apnea, finding that it is not related to PTSD or otherwise related to service.

The Board has remanded the cases of sleep apnea, acid reflux, hypertension, and erectile dysfunction for further development to determine if they are secondary to service-connected PTSD.

The Veteran's low back condition, rated at 20 percent since March 8, 2017, is not considered disabling enough to warrant a higher rating.

The Veteran's claims for left knee iliotibial band syndrome, thyroid condition, bilateral hearing loss disability, sleep apnea, and spine disability have all been denied. The Board found that the evidence did not support service connection for these conditions.

The Board has remanded the cases for further development and examination to determine if there is a relationship between the Veteran's current conditions and his military service, including exposure to herbicides. The decisions on these issues are pending.

The Board has denied an initial rating in excess of 10 percent prior to May 15, 2018 for the Veteran's lumbar spine condition and has remanded the issue of a rating in excess of 20 percent from May 15, 2018.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for additional VA examinations.

The Board denied service connection for bilateral hearing loss, type 2 diabetes mellitus, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, sleep disorder (obstructive sleep apnea), acquired psychiatric disorders (PTSD, anxiety disorder, depressive disorder), right knee degenerative joint disease, left knee degenerative joint disease, right hip degenerative joint disease, left hip degenerative joint disease, right foot degenerative joint disease, and hypertension.,The Board found no evidence of in-service noise exposure for hearing loss or Agent Orange exposure for diabetes mellitus. The Veteran's service records did not document Vietnam service.

The Veteran's claims for service connection for sleep apnea, a respiratory disorder (including COPD), and a psychiatric disability manifested by occasional nightmares are denied.,The Veteran's claims for service connection for bilateral knee condition, low back condition, and right eye condition are remanded for further development.

The Board has determined that the Veteran's currently diagnosed Obstructive Sleep Apnea had onset during service and granted service connection for this condition.

The Board has dismissed the claims of service connection for rosacea, peripheral artery disease, right knee strain, left knee strain, commuter bowel syndrome (IBS), disabilities of the lumbar spine and thoracic segments of the spine, and a right hip disability. The claim for service connection for a right shoulder disability is remanded.

The Board denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that it did not begin during active service and is not otherwise related to an in-service injury or disease. The Board also found that the disability was not caused or aggravated by a service-connected disability.

The Board has decided to remand the claims of service connection for obstructive sleep apnea and bilateral carpal tunnel syndrome due to incomplete development.

The Veteran's service-connected obstructive sleep apnea has not resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, and does not require a tracheostomy. Therefore, an initial disability rating in excess of 50 percent for this condition is denied.,The Veteran’s service-connected low back disability has not manifested in forward flexion limited to 30 degrees or less, ankylosis (favorable or unfavorable) of the thoracolumbar spine, or incapacitating episodes. Therefore, an initial disability rating in excess of 20 percent for this condition is denied.,The Veteran’s service-connected right leg radiculopathy has most closely approximated moderate incomplete paralysis of the sciatic nerve. Therefore, an initial disability rating in excess of 20 percent for this condition is denied.

The Board denied the reopening of claims for service connection for bilateral carpel tunnel syndrome and sleep apnea, finding no new and material evidence to support these claims.

The Veteran's acquired psychiatric disability, diagnosed as depressive disorder, is granted due to its increase in severity being proximately due to his service-connected disabilities. His tinnitus and basal cell carcinoma are not related to service or any incident therein. The voiding dysfunction, DM2 with hypertension and erectile dysfunction, peripheral neuropathy of the bilateral upper extremities and lower extremities, and non-Hodgkin's lymphoma have been found to aggravate his depressive disorder.

The Board has remanded the cases of service connection for headaches and obstructive sleep apnea due to new evidence submitted by the appellant's attorney, including a medical opinion from Dr. Skaggs regarding both conditions. The appellant is requested to submit any additional evidence that was included in the transmission but not received.

The Veteran's claim for higher ratings for his service-connected lumbosacral degenerative disc disease (DDD) with spondylolisthesis and associated radiculopathy was denied. The Board found that the evidence did not support a rating in excess of 40 percent prior to November 8, 2010, or from November 8, 2010 onwards.

The Veteran's OSA was not incurred during service, and his lumbar spine disability is rated at 40 percent disabling. The Board granted a rating of 20 percent for LLE radiculopathy from May 31, 2018 onwards and denied ratings in excess of 40 percent. For RLE radiculopathy, the Veteran received a 10 percent rating prior to December 18, 2012, and a 20 percent rating thereafter.