Sleep apnea Board decisions

The Veteran's TDIU claim is denied as he is currently employed and able to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran is seeking service connection for obstructive sleep apnea and an acquired psychiatric disorder, to include posttraumatic stress disorder. He also seeks higher ratings for his right ankle fracture with osteoarthritis and chronic low back strain with degenerative changes and herniated nucleus pulposus at L5-S1.,The Veteran's claim of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder, is reopened on new evidence. The Board will determine whether the Veteran has a current diagnosis of PTSD related to his reported stressors and whether it is proximately due or the result of his service-connected lumbar spine disability.,The Veteran seeks higher ratings for residuals of a right ankle fracture with osteoarthritis. A VA examination is needed to assess the severity of this condition.,The Veteran seeks separate ratings for bilateral lower extremity radiculopathy. The December 2015 VA spine examination findings must be considered in determining whether these conditions warrant separate ratings.,The Veteran seeks separate ratings for his lower extremity radiculopathy. A VA examination is needed to assess the severity of this condition.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated medical records and scheduling VA examinations. The claims will be reconsidered after these steps are completed.

The Veteran's claims for service connection are being remanded due to the receipt of additional relevant service treatment records. The RO will reconsider these claims on their underlying merits.

The Board has remanded the issues of service connection for diabetes mellitus, hypertension, peripheral neuropathy of the lower extremities, a sleep disorder, and increased rating for prostate cancer residuals due to new evidence and factual findings.

The VA has determined that the Veteran's currently diagnosed obstructive sleep apnea is not related to his service or a service-connected disability, including his low back disorder.

The Board found that the Veteran's sleep apnea and bilateral knee disability are not caused or aggravated by his service-connected conditions, specifically PTSD for sleep apnea and pes planus for knee issues. The Veteran is already receiving the maximum available rating for his pes planus.

The Board has determined that the Veteran's sleep apnea is incurred in service and granted service connection for this condition. The cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy have also been granted as they are considered direct service-connected based on their onset during service.

The Veteran's character of discharge for his final period of service from March 1997 to February 2008 is a bar to VA benefits due to the commission of offenses during that period resulting in a dishonorable discharge. The appeal has been withdrawn with respect to several issues.

The Veteran's appeal for an increased rating evaluation for his lumbosacral strain with IVDS and osteoporosis has been withdrawn, resulting in the dismissal of this issue.

The Veteran's appeal for service connection for sleep apnea was withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA spine examination to assess the severity of his service-connected chronic lumbosacral strain.

The Board has granted the Veteran's claims for service connection for sinusitis, sleep apnea, headaches, COPD, and seizures as secondary to his service-connected residuals of nose fracture.

The Veteran withdrew his appeal for an increased evaluation of his service-connected lumbosacral degenerative disc disease with facet joint arthrosis and intervertebral disc syndrome prior to the Board's decision.

The Veteran's claims for service connection for sleep apnea, cervical spine disability, and headaches are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for separate evaluations for asthma and obstructive sleep apnea is denied. The Board finds that the Veteran is entitled to service connection for type II diabetes mellitus as secondary to his service-connected asthma.

The Board has determined that the Veteran does not have an objectively confirmed diagnosis of obstructive sleep apnea and therefore, service connection for this condition is denied.

The Board has remanded the case for further development, including obtaining VA treatment records and vocational rehabilitation records. The Veteran's claims for service connection and increased ratings are inextricably intertwined with his TDIU claim.

The Board has determined that the Veteran does not have a current disability of sleep apnea and finds no evidence to support an in-service event or injury related to this condition. As such, service connection for sleep apnea is denied.

The Veteran's lumbar spine disability was granted an initial rating of 10 percent prior to April 19, 2014, and a rating of 20 percent thereafter. The separate rating for LLE radiculopathy remains at 20 percent.