Sleep apnea Board decisions

The Board denied the Veteran's claim for service connection as his sleep apnea was not incurred or aggravated by service.

The Veteran's lumbosacral strain with dextroscoliosis is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on limitation of motion or associated neurologic abnormalities.

The Veteran's claim for service connection for sleep apnea was denied, and his increased rating claim for lumbar (back) disability was granted with a 20% rating effective October 20, 2017.

The Board has determined that a VA examination is needed to determine the nature and etiology of any sleep apnea, as well as obtaining relevant medical records from SSA.

The Board is unable to make a decision on the service connection claim for lumbar degenerative disc disease due to the need for clarification regarding whether the Veteran's lumbosacral transitional vertebrae is considered a congenital defect or disease. The case is being remanded for an addendum opinion from a VA examiner.

The Veteran's PTSD, major depressive disorder, and alcohol use disorder have been rated at 70 percent. The appeal for higher ratings is denied. The appeals for service connection of hypertension, sleep apnea, and headaches are remanded.

The Veteran's claim for service connection has been reopened, and he is now entitled to increased ratings for his left and right knee patellofemoral syndrome. The appeal regarding the low back disorder, left hip condition, right hip condition, left ankle condition, right ankle condition, impairment of intellectual functioning, acquired psychiatric disorder (including a mood disorder and depression), and individual unemployability has been remanded.

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.