Sleep apnea Board decisions

The Board has determined that the Veteran's sleep disorder is related to his service-connected major depression and has granted service connection for a sleep disorder.

The Board has determined that the Veteran's sleep apnea was incurred during service and is granted as a result.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing new VA examinations to assess the current severity of his service-connected right shoulder arthritis, cervical spine DDD with spasms, and lumbosacral spine DDD.

The Board found that the Veteran's obstructive sleep apnea (OSA) is not related to his service-connected disabilities, including posttraumatic stress disorder (PTSD), coronary artery disease (CAD), diabetes mellitus (DM), or esophageal varices. The evidence did not support a secondary service connection theory.

The Veteran's DJD and DDD of the lumbosacral spine was granted a 40% rating from November 25, 2007 to March 7, 2012. The appeal for higher ratings is denied.

The Veteran's initial rating for her orthopedic manifestations of low back disability was granted at 20 percent, effective February 2, 2009. The neurologic manifestations were rated separately and also at 10 percent, effective June 7, 2010.

The Board found that the evidence does not support service connection for sleep apnea, as there is no medical documentation of symptoms or diagnosis during service. The Veteran's current condition was diagnosed 19 years after service and attributed to obesity.

The Veteran's claims for increased ratings for his service-connected lumbosacral strain and mood disorder prior to November 1, 2012 were denied. The Board found that the current disability ratings adequately reflected the severity of the conditions.

The Board denied the Veteran's claims for ratings in excess of 20 percent prior to April 22, 2013 and in excess of 40 percent from April 22, 2013 forward for lumbosacral strain. The TDIU claim was also denied.

The Veteran's PTSD renders him unable to secure and maintain substantially gainful employment as of March 11, 2008. His service-connected disabilities meet the criteria for a TDIU.

The Veteran's degenerative arthritis of the lumbosacral spine has not been shown to warrant a rating higher than 10 percent prior to April 21, 2010.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and diverticulosis, finding that there was no evidence linking these conditions to his military service.

The Board found that there is no current diagnosis of sleep apnea in the Veteran's medical records and thus denied his claim for service connection.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbar and cervical spine disabilities, as well as an evaluation of his sleep apnea and traumatic brain injury claims.

The Veteran's claim for an increased rating for her service-connected lumbosacral spine disability is being remanded due to the need for additional examination and testing.

The Veteran's appeal was granted for a rating of 30 percent for PTSD with a mood disorder, effective April 11, 2014. The Board found that the Veteran timely filed an appeal regarding his initial 10 percent rating for PTSD and established service connection for sleep apnea as secondary to GERD and hiatal hernia.

The Board denied the Veteran's claim for an effective date prior to January 11, 2008 for TDIU on an extraschedular basis due to insufficient evidence showing that his service-connected disabilities rendered him unemployable solely at that time.

The Veteran's lumbosacral strain was initially rated at 10 percent from November 8, 2008 to November 9, 2010. Beginning on November 10, 2010, the Veteran is entitled to a 20 percent rating for her service-connected lumbosacral strain.

The Veteran's claims for service connection for arthritis of multiple joints and sleep apnea are being remanded due to the need for additional development, including obtaining medical opinions and VA treatment records.

The Board has determined that the Veteran's current respiratory and sinus conditions are not related to his in-service nasal fracture, and service connection is denied.