Sleep apnea Board decisions

The Board denied the Veteran's claim for an earlier effective date prior to July 21, 2011 for resumption of his disability compensation benefits for lumbosacral strain due to failure to initiate a timely appeal.

The Board finds that the Veteran's current diagnosis of sleep apnea is related to his military service, and grants service connection for this condition.

The Veteran's claim for an earlier effective date for the award of service connection for sleep apnea was denied as there is no evidence that he appealed the January 2006 rating decision denying service connection, and his December 2, 2010, claim to reopen was filed after entitlement arose.

The Veteran's diabetes mellitus is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's sleep apnea was first diagnosed in service and is considered to have manifested during active duty. The Board has determined that the Veteran meets the criteria for service connection based on direct evidence of a disease or injury occurring in service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset in service and granted his claim for service connection.

The Veteran's claims for increased ratings and service connection have been granted, with the exception of his claim for sleep apnea. The effective date is not specified.

The Veteran's bilateral pes planus and lumbar spine DJD with mild levoscoliosis and strain are not service-connected. The Board finds that the Veteran did not meet the burden of establishing an increase in disability beyond its natural progression during service, thus denying his claims for these conditions.

The Veteran's service-connected lumbosacral strain is manifested by flare-ups resulting in limited forward flexion of the lumbosacral spine to approximately 30 degrees, which warrants a 40 percent disability rating. The appeal is granted for this rating.

The Board has granted service connection for the cause of the Veteran's death, which is related to his presumed exposure to herbicides during service. As a result, the claim for DIC benefits under 38 U.S.C. § 1318 is rendered moot and dismissed.

The Board granted service connection for sleep apnea and increased the Veteran's PTSD rating to 70 percent. The TDIU claim was also granted.

The Veteran's sleep apnea, right knee arthritis, and lumbar disc bulging and arthritis of the lumbar spine are all found to have onset during service. The Veteran is granted a rating of at least 10 percent for his left heel fasciitis.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a right elbow disability, left wrist disability, sleep apnea, GERD, and left shoulder disability. The Board finds that these conditions are related to his active military service.,Service connection is granted for each of the Veteran's claimed disabilities.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The Board finds that the Veteran is unemployable due to his service-connected disabilities and grants a TDIU.

The Board has remanded the case for additional development, including addendum opinions from the VA examiner regarding the Veteran's claims of service connection for hypertension and sleep apnea.

The Veteran's sleep apnea is not service-connected, and his hypertension does not meet the criteria for a compensable rating. The Veteran also did not meet the criteria for SMC based on need for aid and attendance.

The Board has determined that the Veteran's sleep apnea had its onset during active service and grants entitlement to service connection for this condition.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board has granted a total disability rating based on individual unemployability prior to August 1, 2016.

The Board has decided to remand the case for additional development due to the need to obtain Social Security Administration records and other relevant medical evidence.

The Veteran's claim for a higher rating for his chronic lumbosacral strain was denied, as the evidence did not show forward flexion limited to less than 30 degrees. The TDIU claim was also denied due to lack of evidence showing he is unable to secure or follow substantially gainful employment.