Sleep apnea Board decisions

The Veteran's initial and increased disability ratings for lumbosacral strain and right foot plantar fasciitis have been denied. The Veteran's lumbosacral strain is rated at 10%, 20%, and 40% from August 26, 2011 to June 6, 2016 respectively, while his right foot condition remains at 20%. No new evidence or changes in service connection are indicated.

The Veteran's claim for bilateral hearing loss has been reopened and granted. The effective date of his PTSD service connection is denied as it was not received until July 15, 2010. Other claims have been remanded.

The Board granted an effective date of April 14, 2014 for a 100% rating for metastatic myxofibrosarcoma. The Veteran's cancer was discovered in 2015 and the Board found that it had existed within one year prior to the claim filing.

The Board denied service connection for PTSD due to lack of a current diagnosis. The case was remanded for further examination and opinion regarding obstructive sleep apnea, right elbow condition, right thumb condition, and gout.

The Board has remanded the cases due to incomplete service treatment records from the Veteran's active duty period in November 2009 through June 2010. The RO is instructed to make additional attempts to obtain these records and provide them to the claims file.

The Board has determined that the Veteran's sleep apnea began during his active duty service and granted service connection for this condition.

The Board has denied the Veteran's claims for service connection for blurred vision, obstructive sleep apnea, thrombocytosis, and restless leg syndrome and myoclonus. The cases are remanded for further development.

The Veteran's claim for a compensable rating for his breathing related sleep disorder (claimed as insomnia) has been denied. The Board finds the evidence insufficient to show that his symptoms meet the criteria for a compensable rating under DC 9413. His claim for an increased rating for sleep apnea and earlier effective date for service connection is remanded due to procedural issues.

The Veteran's sleep apnea is not service-connected and is not caused or aggravated by her service-connected lymphedema or gastroesophageal reflux disease (GERD).,Since June 5, 2015, the Veteran has a left leg disability rated at 20 percent. The right leg disability remains rated at 20 percent.,The Veteran's undiagnosed illness is not rated in excess of 10 percent as it does not meet the criteria for a higher rating.

The Board denied service connection for hip, back, heart, hypertension, and OSA disabilities. The claims were not reopened.

The Veteran's service connection claims for PTSD, bilateral hearing loss, sinus disorder, sleep apnea, right lower extremity radiculopathy and left lower extremity radiculopathy are all granted. The rating for lumbar strain remains at 20%.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea and whether it is related to service-connected disabilities.

The Veteran's claims for a higher rating for his obstructive sleep apnea with constrictive bronchiolitis and TDIU have been remanded due to the need for updated VA treatment records, a new VA examination addressing both conditions, and an opinion on the combined effect of his service-connected disabilities.

The Veteran's service-connected disabilities have rendered him unemployable since April 1, 2015. The Board finds that the evidence is in equipoise as to whether his service-connected conditions make it impossible for him to secure and follow substantially gainful employment.

The Veteran's claim for service connection for insomnia is granted, but the claim for sleep apnea is denied.

The Veteran's applications to reopen claims for sleep apnea and left knee disability were denied, as the new evidence did not relate to an unestablished fact necessary to substantiate these claims. The application to increase the rating of post-traumatic stress disorder (PTSD) was also denied, with the Board finding that the symptoms did not warrant a 100% rating due to the absence of total occupational and social impairment.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and thus grants entitlement to TDIU.

The Board has remanded the Veteran's claims for sleep apnea, degenerative disc disease of the thoracolumbar spine, headaches, and an acquired psychiatric disorder due to insufficient evidence or conflicting opinions.

The Board has remanded the claims for service connection and rating determinations due to outstanding VA treatment records. The Veteran's claims will be reconsidered with these records.

The Board has denied service connection for TBI due to a lack of evidence of current disability or residuals thereof.,Service connection is remanded for respiratory disability, including sinusitis and obstructive sleep apnea.