Sleep apnea Board decisions

The Veteran's service-connected lumbosacral strain is being remanded for a new VA examination to assess the severity of his disability, as previous examinations did not meet the requirements set by Correia v. McDonald.

The Veteran's claims for higher ratings of his service-connected CRSD and PTSD, right ankle osteoarthritis, status post avulsion fracture, and right ankle scars have been granted. However, the specific rating assigned is not provided in this decision.

The Board finds that remand is warranted due to the lack of a medical opinion addressing whether sleep apnea was directly incurred in service and because there are outstanding VA treatment records.

The Veteran's service-connected sleep apnea and related conditions render him unable to secure or follow a substantially gainful occupation, warranting a TDIU effective March 8, 2013.

Service connection is granted for lumbosacral strain and PTSD/MDD. The issue of service connection for a bilateral eye condition remains pending.

The Board has remanded the issues of a rating in excess of 40 percent for the Veteran’s lumbosacral spine disability and entitlement to TDIU for the period prior to June 1, 2015 due to inadequate VA examination and missing treatment records.

The Board denied the Veteran's claim for service connection for retinitis pigmentosa, finding that there was clear and unmistakable evidence that the condition pre-existed his active service and was not aggravated by it.

The Board has remanded the claims for secondary service connection for rosacea and ED, as well as the claim for service connection for residuals of status post fracture of the zygomatic arch other than headaches due to lack of adequate examination opinions.

The Veteran's right ankle tendonitis and sleep apnea have been granted service connection, with the right ankle tendonitis being secondary to his service-connected pes planus.

The Veteran's sleep apnea is granted as service-connected, and the effective date for PTSD service connection is set at May 27, 2008. The Veteran also receives a higher initial disability rating of 70% for PTSD prior to November 8, 2011.

The Veteran withdrew their appeal regarding the reopening of claims for pes planus, low back disability, peptic ulcer disease, sleep apnea, and ischemic heart disease. The Board dismissed the appeal as a result.

The Board has decided to remand the case due to incomplete records from the Veteran's chiropractor, specifically a June 2012 lumbar spine x-ray report.

The Board denied the Veteran's claim for service connection of obstructive sleep apnea, finding that there is no evidence to support a link between his in-service boxing injury and his current condition. The preponderance of the evidence does not support the Veteran’s contention.

The Board has determined that the Veteran's current sleep apnea is etiologically related to his service-connected left knee disability, and thus grants service connection for this condition.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's in-service ear, nose, and throat troubles along with substantial weight gain post-service are the proximate cause of his current sleep apnea.

The Board found that the Veteran's current lumbosacral degenerative disc disease is at least as likely as not related to his in-service back injury, and granted service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not incurred during his active military service, and thus grants service connection for this condition.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected PTSD, but more evidence is needed to make a determination.

The Board has denied service connection for hypertension. The appeals for obstructive sleep apnea, rosacea, gastroesophageal reflux disease (GERD), and posttraumatic stress disorder (PTSD) and anxiety disorder are remanded due to insufficient evidence.

The Board has denied service connection for sleep apnea, prostate disorder, blood disorder, and thyroid disorder as there is no current evidence of these conditions during the appeal period or a link to service. The Veteran's claims for skin disorder and increased PTSD rating are remanded.