Sleep apnea Board decisions

The Veteran's PTSD is now rated at 100% effective November 22, 2016. Prior to that date, the rating was 50%. The Veteran has total occupational and social impairment since then.

The Board has determined that the Veteran's claimed sleep disorders, including narcolepsy and sleep apnea, are not related to her military service. The Veteran's insomnia is found to be a symptom of her major depressive disorder.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that the preponderance of evidence is against a link between his current diagnosis and an in-service injury or event.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, and his claim is denied.

The Board has remanded the issues of service connection for sleep apnea, gastroesophageal reflux disease (GERD), hiatal hernia, anemia, and a skin disability due to lack of sufficient evidence and need for further examination.

The Veteran's appeal is remanded due to the need for a more contemporaneous examination of his right wrist disability. Service connection claims for tinnitus and right thumb injury are referred to the AOJ.

The Board has remanded the cases for further development and examination to determine if the Veteran's OSA and chronic fatigue are related to his active duty service.

The Board denied the Veteran's appeals regarding service connection for sleep apnea and gastroesophageal reflux disease due to lack of timely notice of disagreement. The appeal for an earlier effective date for PTSD was also denied.

The Veteran's service-connected depressive disorder has rendered him unable to secure or follow substantially gainful employment since June 1, 2008. Effective June 1, 2008, the Veteran also had additional disabilities totaling over 60 percent disabling, qualifying for SMC at the housebound rate.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, migraine headaches, and tinea pedis/unguium. The Veteran's eye disability claim was previously denied in 2000 and new evidence does not support reopening this claim.

The Veteran's service-connected sleep apnea with asthma and migraine headaches are currently rated at the maximum allowed under VA regulations. The knee disabilities have not met the criteria for higher ratings.

The Veteran's prostate cancer, obstructive sleep apnea, bilateral ear hearing loss, respiratory disability, eye condition, and diabetes mellitus, type II are presumed to have been incurred in service due to exposure to herbicide agents during the Vietnam Era.

The Board found that the Veteran's sleep apnea did not incur in service and denied his claim for service connection.

The Veteran's bilateral plantar fasciitis with heel spurs and callosities was granted a 10 percent rating, effective January 29, 2014. The RO reduced the rating to 0 percent effective January 29, 2014 due to lack of actual improvement in symptoms.,The claim for service connection for sleep apnea has been reopened based on new and material evidence received since the last final denial.

The Veteran's service-connected PTSD is currently rated at 50 percent, effective May 31, 2011. The Veteran's obstructive sleep apnea was not incurred in or aggravated by service and is unrelated to his service-connected PTSD.

The Board found that the Veteran's gastrointestinal disability did not have its onset in service and is not otherwise related to active service. As such, the claim for service connection was denied.

The Board denied the Veteran's claims for service connection for sleep apnea, evaluations in excess of 20 percent for peripheral neuropathy of both upper extremities, and an earlier effective date for TDIU. The Veteran's skin disability was not found to warrant compensable ratings prior to October 5, 2009 or following July 28, 2010. Dependents' Educational Assistance was also denied.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, but does not meet the criteria for a higher rating based on his symptoms and examination findings.

The Veteran's service connection claim for sleep apnea and insomnia is remanded due to the inadequacy of the June 2014 VA examination, which did not address whether the Veteran has a separate disability manifested by insomnia related to his military service.

The Veteran's claim for service connection for a lumbosacral spine disability is being remanded due to the need for additional development, including obtaining VA treatment records and arranging for an examination.