Sleep apnea Board decisions

The Veteran's service-connected chronic lumbosacral strain disability has not been found to meet the criteria for a higher rating, as her range of motion and symptoms do not warrant an increased rating.

The Board has remanded the claims for higher initial ratings for service-connected low back and left knee disabilities due to new examinations being needed, as well as additional development of records. The TDIU claim is also inextricably intertwined with the other claims.

The Veteran's appeal was denied as he did not file a timely Notice of Disagreement (NOD) with the May 2011 rating decision.

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to his second period of active service and grants service connection for this condition.

The Veteran's claims for increased ratings for his lumbar spine, right wrist and hand, and right arm disabilities were denied as the evidence did not meet the criteria for higher evaluations under the applicable rating schedule.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected type II diabetes mellitus, PTSD, and hypertension is being remanded for additional development.

The Board has denied the Veteran's claims for service connection for various conditions, including hypertension, diverticulitis, asthma, COPD, diabetes mellitus, PTSD, stroke, bowel cancer, bilateral hearing loss, headaches, hernia, sleep apnea, and nerve damage. The reasons given were that there was no evidence of a causal relationship between these conditions and the Veteran's active service.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board has denied the Veteran's claims for an increased rating for PTSD and a TDIU, finding that his service-connected disabilities do not cause unemployability.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by his honorable period of service, and thus denied his claim for service connection.

The Veteran's low back disability was rated at 20 percent effective May 5, 2014. The rating is for the period after this date.

The Veteran's current sleep apnea is not related to his service, including exposure to asbestos. The Board finds that the preponderance of evidence does not support a finding of service connection.

The Board has determined that a rating of 20 percent for the lumbosacral spine disability, as of May 9, 2008, but not earlier, is granted. The case is also referred to the Director of Compensation and Pension for consideration of TDIU.

The Board has granted service connection for sleep apnea, but dismissed the appeal regarding right ear hearing loss as the Veteran withdrew his appeal on October 16, 2017.

The Veteran's appeal is being remanded for further development, including obtaining VA examinations and additional medical records.

The Veteran's appeal is remanded for further development to determine the current severity of his service-connected right and left knee disabilities and lumbosacral spine disability.

The Veteran's claims for earlier effective dates and service connection have been denied. The Board found that no new or material evidence had been submitted to reopen the previously denied claims.

The Veteran's appeal for an earlier effective date for a 40% disability rating for lumbosacral muscle strain with L5-S1 sacralization (fusion) and myofasciitis is dismissed as the claim was not filed in accordance with legal precedent.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or any other respiratory disorder, and his sleep apnea is not related to service, including asbestos exposure. Therefore, the claim for service connection for asbestosis, claimed as sleep apnea, is denied.

The Veteran's sleep apnea is found to be related to his time in service and the claim for service connection is granted.