Sleep apnea Board decisions

The Veteran's appeals for increased evaluations of his service-connected low back disability, left leg radiculopathy, and right leg radiculopathy have been dismissed. The Board has also remanded the issues of service connection for a neck disability and neurological disabilities of the upper extremities.

The Veteran's service-connected disabilities, including depressive disorder and lumbar spine disability, have rendered him unable to secure or follow a substantially gainful occupation since December 19, 2011. The effective date for the award of TDIU is set at December 19, 2011.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea as secondary to PTSD.

This case involves multiple claims for service connection, all denied. The Veteran contends that there was clear and unmistakable error in the September 1993 rating decisions denying his claims for cervical strain, right shoulder impingement syndrome with degenerative arthritis, hypertension with stage 3 chronic kidney disease and renal insufficiency, and degenerative changes of lumbosacral spine. The Board found that there was no CUE in these decisions.,Reasoning: The Veteran's arguments were based on the interpretation of his service treatment records showing injuries sustained during service. However, the Board determined that the RO did not commit CUE as the correct facts were available and correctly applied the laws at the time.

The appeal for service connection for a benign celiac access mass is dismissed. Service connection for obstructive sleep apnea as secondary to the service-connected diabetes mellitus type II is granted.

The Board found that the Veteran's sleep apnea likely arose during his service and granted service connection for this condition.

The Veteran's sleep apnea was not incurred in service and is not etiologically related to service, including as due to the Veteran’s presumed exposure to contaminated water during service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current diagnosis to his active military service.

The Veteran's claim for service connection for depression was reopened and granted. Service connection for headaches, tinnitus, and high blood pressure/hypertension were also granted. The claims for sleep apnea and heart disorder were denied.

The Board has granted service connection for bilateral hearing loss and tinnitus. The case is remanded to obtain an opinion on the etiology of sleep apnea, which may be secondary to hypertension.

The Board has remanded the Veteran's claims of service connection for various disabilities, including bilateral lower extremity disability, an acquired psychiatric disorder, a sleep disorder, and erectile dysfunction. The VA is directed to obtain any missing service treatment records and schedule the Veteran for appropriate examinations to determine the etiology of these conditions.

The Board has remanded the claim of entitlement to service connection for obstructive sleep apnea, including as secondary to service-connected disabilities due to a lack of compliance with the January 2015 Board remand order. The Veteran needs to be provided with another VA medical opinion regarding whether his service-connected disabilities are aggravating his obstructive sleep apnea.

The Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD, and obstructive sleep apnea as secondary to PTSD are remanded due to the need for additional medical opinions.

The Board has remanded the case due to inadequate examination and for obtaining any outstanding VA treatment records.

The Board has determined that the appellant does not meet the legal definition of a 'veteran' for VA compensation purposes due to lack of active service, and therefore, his claims for service connection are denied.

The Veteran's service-connected disabilities do not render him unemployable due to his inability to secure and follow a substantially gainful occupation.

The Board has granted the Veteran's claims for service connection for obstructive sleep apnea and TDIU due to PTSD. The earlier effective dates for the grants of service connection for PTSD, hearing loss, and tinnitus have been dismissed as the Veteran withdrew his appeal.

The Veteran's appeals for sleep apnea and hidradenitis suppurativa have been dismissed as the Veteran withdrew his appeal.

The Veteran's degenerative arthritis, lumbosacral spine disability is now rated at 40 percent effective June 18, 2014. Additionally, a separate 10 percent rating for left lower extremity radiculopathy associated with the service-connected lumbar spine disability is granted from November 11, 2016.

The Veteran's service-connected disabilities have rendered him unable to maintain substantially gainful employment, and the Board has granted a TDIU rating. The remaining claims for increased ratings are remanded.