Sleep apnea Board decisions

The Board has decided to remand the case due to a lack of a VA examination for sleep apnea, and to obtain any outstanding VA treatment records.

The Board denied service connection for sleep apnea, cervical spine disorder, neurological disorders of the upper and lower extremities/hands/feet due to lack of evidence showing current disabilities. The Veteran's claimed conditions are not presumed due to herbicide exposure or any other basis.

The Veteran's appeal is being remanded for additional development to obtain relevant medical records and provide the Veteran with a VA examination to assess his service-connected viral meningitis residuals and lumbosacral strain.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected posttraumatic stress disorder, and thus grants service connection for this condition.

The Veteran's cardiovascular signs and symptoms, gastroesophageal reflux disease (GERD), obstructive sleep apnea (OSA), dermatitis, and vertigo have not been diagnosed. The Veteran's lumbar radiculopathy is service-connected.,PTSD remains service-connected but the Veteran has not provided sufficient evidence to warrant a higher rating.

The Veteran's claim for increased ratings for his service-connected back disability and associated neurological, urinary, and bowel impairments has been granted. He is now rated at 80 percent for left lower extremity lumbar radiculopathy, 80 percent for right lower extremity lumbar radiculopathy, 60 percent for urinary dysfunction, and 100 percent for bowel dysfunction as secondary to his service-connected back disability.

The Veteran's claim for service connection for sinusitis was denied because he did not have a current diagnosis of the condition. The claim for an earlier effective date for TDIU prior to May 17, 2006, but not before January 1, 1996, is also denied as the Veteran had been working until December 1995 and therefore was not unemployable due to service-connected disabilities.

The Board has remanded the case for further development and readjudication of the claims, including obtaining employment verification forms from the Veteran's previous places of employment and any outstanding medical records.

The Board has determined that further development is necessary before a decision on the merits may be made regarding the Veteran's claims for service connection for left knee disability and sleep apnea.

The Veteran's low back disability was found to not meet the criteria for a higher rating from August 16, 2008 to September 18, 2010. After September 18, 2010, his disability did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes warranting a higher rating.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during service, was first diagnosed years after service, and is not otherwise etiologically related to service. The Board also found that the Veteran's sleep apnea is not caused by or aggravated by his service-connected PTSD.

The Board has determined that the Veteran had symptoms of sleep apnea during service and since service separation, and thus service connection is granted for sleep apnea.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a higher than 20 percent rating for his lumbosacral strain with minimal degenerative changes, L4-5, or for a higher than 10 percent rating for his chronic left L5-S1 radiculopathy.

The Veteran's lumbosacral DJD was found to have a combined range of motion of 220 degrees, with forward flexion limited to 70 degrees. The current disability rating of 10 percent is maintained prior to February 11, 2011 and the current rating of 20 percent thereafter.

The Board denied service connection for obstructive sleep apnea and an effective date prior to September 8, 2008 for TDIU.

The Board has determined that the Veteran's obstructive sleep apnea is not service-connected as secondary to his service-connected generalized anxiety disorder.

The Board found that the Veteran's obstructive sleep apnea was not caused or aggravated by his service-connected PTSD and/or diabetes mellitus, and therefore denied the claim for service connection.

The Veteran's claims for increased ratings and service connection were granted. The Veteran was awarded service connection for diabetes mellitus, type II, to include as secondary to herbicide exposure, and service connection for sleep apnea, to include as secondary to his service-connected post-concussional syndrome with cerebellar dysfunction.

The Board has determined that the Veteran's sleep apnea and bilateral knee tricompartmental osteoarthritis are related to his military service, granting service connection for both conditions.

The Veteran has been granted service connection for sleep apnea, with the Board finding that symptoms began during active duty and have continued since separation.