Sleep apnea Board decisions

The Veteran's lumbosacral strain was found to be manifested by flexion limited to no worse than 60 degrees with muscle spasms that cause an abnormal gait from May 1, 2014. The criteria for a higher rating were not met.

The Veteran's appeal for a sleep disorder other than sleep apnea was denied as he does not have such a condition. The claim for TDIU based on service-connected disabilities was also denied due to the Veteran's inability to secure or follow substantially gainful employment.

The Veteran's service-connected lumbosacral strain, postoperative L5 laminectomy and disc replacement disability has led to the loss or loss of use of one lower extremity (left) together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, the Veteran is entitled to specially adapted housing.

The Veteran is granted SMC at the maximum rate (SMC(r)(1)) due to service-connected disabilities, including loss of use of all extremities and need for regular aid and attendance.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was granted. The claims for increased ratings for the bilateral knees and for a sleep disorder were also granted.

The Board has remanded the claims due to insufficient evidence and needs additional opinions regarding the nature and etiology of the Veteran's left foot disability and sleep apnea.

The Veteran has withdrawn their appeal of all issues listed on the title page, including those related to depression, tinnitus, degenerative disc disease (DDD) of the lumbar spine, DDD of the cervical spine, sleep apnea, atrial fibrillation with mild left ventricular hypertrophy, hypertension, right ear hearing loss, and residuals of fractured nose. As a result, the appeal is dismissed.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss, hemorrhoids, or residuals of surgically corrected deviated septum (including sleep apnea) that is service-connected.,There was no evidence presented to show these conditions originated during active service.

The Board has remanded the case for additional development, including obtaining an addendum VA examination opinion regarding the nature and etiology of any current respiratory disability, to include obstructive sleep apnea. The Veteran's claim will be readjudicated based on the additional evidence.

The Veteran's claim for a compensable rating for bilateral hallux valgus was denied as the evidence did not show severe symptoms equivalent to amputation of the great toe. The Board also remanded issues regarding increased ratings for lumbosacral strain and depressive disorder, and entitlement to TDIU.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not proximately due to or aggravated by his service-connected PTSD with major depressive disorder.

The Veteran withdrew his appeal, and the Board has dismissed it.

The Board has granted service connection for severe obstructive sleep apnea, but denied service connection for a left rib disorder and a disability due to a head injury (claimed as shock wave).

The Veteran's sleep apnea requires the use of a continuous positive airway pressure (CPAP) machine and warrants an initial compensable rating of 50 percent.

The Board has granted service connection for sleep apnea and tinnitus, finding that the Veteran's reported symptoms are related to his active duty service.

The Veteran's claims for service connection of various conditions, including left shoulder disorder, right shoulder disorder, sleep apnea, erectile dysfunction (ED), and a right hand disorder are all denied as there is no competent medical evidence establishing current disabilities or linking them to service.

The Veteran's obstructive sleep apnea is granted as service connected, with the Board finding that it had onset during active duty.

The Veteran's appeal is remanded due to the need to consider a claim of CUE in the January 2008 rating decision assigning a noncompensable rating for his lumbosacral spine disability, and then readjudicate the earlier effective date issue.

The Board has remanded the case for further review of the merits of the waiver request, including consideration of whether the Veteran was competent at relevant time frames. The appeal will be returned to the Board after this is done.

The Veteran's claims for increased disability evaluations and reopening of service connection were denied. The Board found no new and material evidence to reopen the claim for a neurological disorder with headaches, seizures, and blackouts. The criteria for higher ratings for lumbosacral strain and left lower extremity radiculopathy were not met.