Sleep apnea Board decisions

The Veteran's cervical spondylosis and degenerative arthritis of the lumbosacral spine are rated at 20 percent each, meeting the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The TDIU issue is remanded to the AOJ.

The Veteran's appeal is being remanded to allow for the consideration of additional medical evidence not previously reviewed by the RO.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is directly related to his active duty training (ACDUTRA) during his National Guard service.

The Veteran withdrew from appellate consideration the issues on appeal, including the increased rating claim for degenerative disc and joint disease of the lumbosacral spine, and the service connection claims for bilateral hearing loss, obstructive sleep apnea, glaucoma, bilateral gynecomastia, status post subcutaneous mastectomy, left and right knee disorders, left and right shoulder disorders, a cervical spine disorder, and rheumatoid arthritis.

The Board has denied the Veteran's claim for a rating in excess of 10 percent for chronic lumbosacral myositis, finding that his disability did not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the claims for service connection for OSA, RLS in each leg, and TDIU prior to November 9, 2017 due to incomplete information from the Veteran regarding his employment status. The VA is instructed to obtain a medical opinion on the etiology of the Veteran's sleep apnea and RLS.

The Board has remanded the case for further development, including a new VA examination and obtaining private treatment records.

The Board has determined that the Veteran's current back disability did not arise during service and is not related to any injury or event in service. As such, the claim for service connection for a back disability is denied.

The Board found that the evidence does not support a finding of service connection for sleep apnea, as there is no indication of sleep apnea in service records and the current disability was not related to any period of active duty or ACDUTRA. The Board also noted that the Appellant's statements about symptoms during service were not strong enough to outweigh other evidence considered by the examiner.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it. The claim for service connection for headaches was denied.

The Board has granted a 40 percent evaluation for the Veteran's lumbosacral spine disability, effective from October 2012. A separate 20 percent evaluation was also granted for radiculopathy of the right lower extremity due to the lumbosacral spine disability. The left knee arthritis claim is remanded as it is inextricably intertwined with the TDIU claim.

The Veteran's neck, back, cervical radiculopathy, and bilateral lower extremity radiculopathy disorders are not causally related to or worsened by the service-connected right elbow recurrent ganglion cyst.

The Veteran's appeal has been dismissed as he withdrew his appeal regarding the issue of entitlement to a rating in excess of 20 percent for lumbosacral spine injury with degenerative joint disease and erectile dysfunction associated with total knee replacement, right knee.

The Board has determined that the Veteran does not have a current diagnosis of a headache disability, and thus service connection for this condition is denied.

The Board has reopened the Veteran's claim for service connection for hypertension and found that he had symptoms of sleep apnea during service and since service separation. The Board also granted a rating in excess of 60 percent for residuals of prostate cancer.

The Veteran's service-connected disabilities result in the functional equivalent to the loss of use of a foot, warranting automobile and adaptive equipment or adaptive equipment only.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active duty service and is therefore granted service connection.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is at least as likely as not related to his military service.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service connection claim for sleep apnea.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation beginning December 5, 2008.