Sleep apnea Board decisions

The Veteran withdrew his appeal of the issue of entitlement to service connection for sleep apnea, and thus the Board has dismissed the appeal.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and the provision of outstanding treatment records.

The Veteran's back disability was found to not meet the criteria for a higher rating prior to December 1, 2016. From December 1, 2016, his disability did not warrant an increased rating beyond 20 percent.

The Veteran's TDIU claim is being remanded for further development, including scheduling VA examinations to assess the impact of his service-connected disabilities on his employability and reconsidering the claim in light of recent grants of service connection for lumbosacral strain and bilateral lower leg radiculopathy.

The Veteran's service-connected lumbosacral strain was rated at 20 percent prior to July 27, 2015 and upgraded to 40 percent from that date.

The Veteran's TDIU claim is granted, with a 70 percent rating for anxiety disorder.,The Veteran's increased rating for anxiety disorder claim is granted.

The Board has remanded the case due to incomplete development regarding the Veteran's periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA). The Veteran is required to provide a detailed listing of his dates on ACDUTRA or INACDUTRA between 1993 and April 2010. If this information cannot be obtained, the VA will make a formal finding based on available records.

The Board has remanded the case due to inadequate examination of the Veteran's low back disability, including failure to address flare-ups and range of motion testing. The claim will be returned for further development.

The Veteran's lumbosacral spine degenerative disc disease and intervertebral disc syndrome have been rated at 20 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board found that the evidence does not support a higher rating as there was no ankylosis or incapacitating episodes.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection and rating of his claimed conditions.

The Board has decided to remand the case for additional development, including obtaining a medical examination and considering the Veteran's claim again.

The Veteran's claim for service connection for sleep apnea was granted, with the condition being considered directly related to his service.

The Board has remanded the case due to the need for a new VA opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has determined that a remand is necessary to obtain an in-person VA examination for the Veteran's obstructive sleep apnea, as the current opinion from the VA examiner is inadequate.

The Veteran's current obstructive sleep apnea was not manifest in service and is unrelated to service. The Board concludes that service connection is not warranted for the Veteran's current obstructive sleep apnea.

The Veteran's service-connected disabilities, including his low back and left knee conditions, were not of such severity prior to March 13, 2012, to render him unemployable. Therefore, an earlier effective date for the TDIU is denied.

The Board denied service connection for chronic fatigue syndrome, fibromyalgia, obstructive sleep apnea, and migraine and tension headaches. The Veteran's PTSD claim was not addressed as it did not meet the criteria for a rating in excess of 70 percent.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for updated medical records and examinations.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected PTSD. The Veteran does not have a current diagnosis of bilateral hearing loss or a neurological disorder, claimed as shaking hands.

The Board has remanded the case due to insufficient evidence regarding the onset and etiology of the Veteran's sleep apnea, which may be related to his service.