Sleep apnea Board decisions

The Veteran's appeals for increased ratings and service connection have been withdrawn by his representative.

The Veteran's lumbar osteoarthritis to include lumbar strain and degenerative arthritis of the spine was granted service connection with an effective date of September 12, 2016. The Veteran's sleep apnea (claimed as sleep disturbances) and acquired psychiatric disorder were denied service connection.

The Veteran's current obstructive sleep apnea had its onset during service, and the Board has granted service connection for this condition.

The Board has reopened the Veteran's claims for service connection for thyroid disability, sleep disorder (insomnia and sleep apnea), and high blood pressure. The evidence submitted since the final denial is considered new and material.

The Veteran's service connection claim for sleep apnea was granted, but the initial disability rating for fecal incontinence from December 22, 2017 to July 3, 2018 was denied.,For the period after July 3, 2018, a higher disability rating of 60% for fecal incontinence was granted.

The Board has determined that the grant of service connection for lumbosacral strain was not clearly and unmistakably erroneous, thus restoring it.

The Board has remanded the Veteran's claims for service connection for sleep apnea and headaches due to evidentiary issues, requiring a new VA examination and opinion.

The Board has found the VA examinations inadequate and remanded for further evaluations, including a new examination to assess the Veteran's service-connected lumbar spine disability. The TDIU issue is also being remanded.

The Veteran's initial rating for asbestos pleural plaques is denied, and the issue of service connection for obstructive sleep apnea secondary to pleural plaques is remanded.

The Veteran's asthma, asbestosis, COPD, and sleep apnea are service-connected due to in-service asbestos exposure.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea disability, finding that it was not shown to be related to his military service or any service-connected disabilities.

The Veteran's claim for a higher rating for migraines was denied as the evidence did not show that his headaches were very frequent and completely prostrating, resulting in severe economic inadaptability.,The Veteran's claims for increased ratings for lumbosacral strain and incomplete paralysis of the right femoral nerve associated with intervertebral disc syndrome with degenerative changes are remanded as the VA examination did not address flare-ups.

The Board has remanded several issues related to the Veteran's service connection claims and increased rating claims due to new evidence received after previous decisions. The Veteran is entitled to a compensable rating for hypertension, but additional development is needed as no SOC was issued regarding this issue. He also needs an examination to determine the current severity of his hypertension. Other issues are remanded for further action.

The Board has decided to remand the case due to insufficient opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Board has granted a TDIU on an extraschedular basis as of September 6, 2010, finding that the Veteran's service-connected disabilities have prevented him from all substantially gainful employment prior to December 2, 2014.

The Veteran's unspecified depressive disorder has been granted a 70 percent disability rating, and his radiculopathy of the left lower extremity has been granted a 10 percent disability rating. The case is remanded for further examination regarding sleep apnea, lumbosacral strain, and TDIU.,The Veteran's service connection claim for sleep apnea remains pending, as does his request for an increased rating for lumbosacral strain and radiculopathy of the lower extremities. The issue of a total disability rating based on unemployability is also pending.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected adjustment disorder.,The Veteran's tinnitus is granted based on direct service connection.

The Board has denied the Veteran's claims for service connection for various conditions, including right knee disability, Grave's disease, obstructive sleep apnea (OSA), history of C-section, and costochondritis. The Veteran was granted service connection for allergic conjunctivitis.

The Board has determined that the Veteran's sleep disorder, including obstructive sleep apnea, is not service-connected as it was first diagnosed many years after his discharge from active duty. The evidence does not support a finding of direct service connection or secondary service connection due to PTSD.

The Board has granted service connection for various conditions including bilateral metatarsalgia, right knee chondromalacia patella and degenerative joint disease, left knee degenerative joint disease, major depression, anxiety, GERD, hiatal hernia, IBS, gastroenteritis, and sleep apnea. The evidence is at least evenly balanced as to whether these conditions began during active service.