Sleep apnea Board decisions

The Veteran's hypertension was granted a higher rating of 40 percent from August 18, 2015 to June 16, 2016 and a 10 percent rating since June 17, 2016.,Regarding the sleep apnea claim, another examination is required to determine whether it began in service or was caused by events in service. The Veteran's medical records also indicate he has several foot disabilities that are specifically listed, so a remand is necessary for a contemporaneous examination.

The Veteran's current sleep apnea did not have its onset in service and is not related to service. The Board finds the opinion from the February 2017 VA examination to be persuasive as it considered the claims file and provided a negative nexus opinion.

The Veteran's service-connected disabilities, including MDD, rendered him unable to secure and follow a substantially gainful occupation as of March 5, 2001. The effective date for the grant of TDIU is now set at May 13, 2004.

The Veteran's claims for increased ratings for his service-connected narcolepsy, DJD and DDD of the lumbosacral spine, and cervical spine degenerative joint disease and muscle strain have been denied. The effective date for service connection has also not been granted.

For the period of October 25, 2006 to October 13, 2015, the Veteran's back disability was rated at 20 percent due to spasms resulting in an abnormal gait.,From October 14, 2015 to January 18, 2016, the rating increased to 40 percent as a result of forward flexion of 30 degrees or less. The criteria for a higher rating were not met during this period.

The Board has determined that the Veteran's PTSD and sleep apnea were not incurred in or aggravated by service, as there is no credible evidence linking these conditions to his military service. The Veteran's testimony regarding racial discrimination during service was found to be less credible due to inconsistencies with other evidence in the claims file. His sleep apnea was also determined to have begun after service and is not related to any service-connected condition.

The Veteran's appeal is being remanded due to the need for an addendum opinion regarding whether his service-connected musculoskeletal disabilities cause or aggravate his obstructive sleep apnea.

The Board finds that the Veteran's diagnosed obstructive sleep apnea is not related to service or a service-connected condition, and thus denies his claim for service connection.

The Board has remanded the case for additional development, including obtaining service treatment records and updated medical records. The Veteran's sleep apnea and dysthymic disorder claims are also being reviewed.

The Veteran's post-operative coxa vara of the right hip is rated at 30 percent, which does not meet the criteria for a higher rating under VA regulations.,The Veteran's hepatitis C is currently rated at 10 percent and does not meet the criteria for a higher rating based on incapacitating episodes or daily fatigue.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU rating on an extraschedular basis under 38 C.F.R. § 4.16(b) for any period on appeal.

The Veteran's claim for sleep apnea was denied as he does not have a current disability.,The Veteran's claim for bilateral hearing loss was denied as his auditory thresholds do not meet the VA regulatory threshold.

The Veteran's service connection for sleep apnea, gastroesophageal disorder, and chronic fatigue syndrome was granted. The Veteran's sleep apnea is considered a new condition that has been reopened on the basis of new evidence. Service connection for his gastroesophageal disorder and chronic fatigue syndrome are secondary to his service-connected adjustment disorder with depressed mood.

The Board has granted service connection for low back strain, left hip disability, and bilateral leg numbness. The Veteran's current obstructive sleep apnea is not related to his service-connected PTSD.,Obstructive sleep apnea was not diagnosed during service or linked to a service-connected condition.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his sleep apnea.

The Veteran's service-connected disabilities, including coronary artery disease and posttraumatic stress disorder, have rendered him unable to use his lower extremities without the aid of braces, crutches, canes, or a wheelchair. The RO is directed to review the evidence and determine if he meets the criteria for specially adapted housing or a special home adaptation grant.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating based on functional loss due to pain and other symptoms.

The Veteran's currently diagnosed sleep apnea had its onset during his active duty service, and the Board finds that it is related to his military service.

The Board has ordered the VA to obtain additional private treatment records from St. Peter's Sleep Center, as these records may be relevant to the Veteran's claim for service connection for obstructive sleep apnea.

The Board has remanded the case for further development due to the Veteran's failure to report for scheduled VA examinations and other procedural issues.