Sleep apnea Board decisions

The Veteran's service-connected knee and back disabilities are not sufficiently incapacitating to prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for unfavorable ankylosis or incapacitating episodes of IVDS.

The Veteran's service-connected lumbosacral strain with radicular pain in both lower extremities does not meet the criteria for a rating higher than 20 percent.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as aggravated by his service-connected posttraumatic stress disorder, finding that there is no objective evidence to support this claim.

The Veteran's lumbar strain disability is currently rated at 20 percent, and the Board has granted a higher rating for radiculopathy of the left lower extremity as secondary to service-connected lumbar strain. The claim for an increased rating for lumbar strain remains pending.

The Veteran's claims for effective dates prior to January 30, 2006 and August 13, 2012 were granted. Effective dates of October 26, 2005 (prior to the grant of service connection) and August 13, 2012 (for radiculopathy), respectively, have been assigned.,The effective date for the grant of service connection for radiculopathy was determined based on the first chronic manifestations sufficient to identify the disease entity during the appeal period. These were identified in a VA examination conducted on August 13, 2012.

The Veteran's claims for service connection for sleep apnea, tendonitis of the right thumb, and increased ratings for bilateral hearing loss disability and tinnitus were denied. The Veteran's claim for TDIU was not addressed in this decision.

The Board has remanded the case due to the Veteran's incarceration and lack of VA examinations. The Veteran is seeking service connection for sleep apnea, which may be secondary to his service-connected PTSD.

The Veteran's lumbar spine disability is currently rated as 20 percent disabling prior to December 26, 2012 and 60 percent disabling since that date. The cervical spine disability was also rated at 20 percent prior to December 26, 2012 and 60 percent since then.,The Veteran's chronic headaches are currently rated as 50 percent disabling.

The Veteran's claims for service connection for obstructive sleep apnea and heart palpitations were denied. The Board found that the evidence was in equipoise as to whether the Veteran's current conditions were incurred during active service, but ultimately denied service connection due to lack of a clear and unmistakable error (CUE) in previous decisions.

The Veteran's sleep apnea has not manifested with persistent day-time hypersomnolence or the need for a breathing assistance device, thus no compensable rating is warranted.,There is insufficient evidence to establish current hypertension and skin disorder diagnoses. Service connection for these conditions cannot be granted as there are no current disabilities present.,The Veteran's right knee disorder is at least as likely as not related to active duty service.

The Board has remanded the case for further development and readjudication, including consideration of new evidence submitted by the Veteran.

The Board has remanded the claims due to the need for additional development, including a VA examination.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has ordered a remand to obtain a VA examination and determine the etiology of the Veteran's sleep apnea, including whether it is related to his service-connected psychiatric disorder or as a side effect of prescribed medication.

The Veteran's claims for service connection for hypertension and sleep apnea are being remanded due to the need for additional medical opinions regarding the relationship between these conditions and his military service, particularly Agent Orange exposure.

The Board has determined that the Veteran's current obstructive sleep apnea is not related to his service, and therefore denied his claim for service connection.

The Board has granted service connection for tinnitus, but the remaining claims are remanded due to the need for additional development.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is attributable to service and grants service connection for OSA.