Sleep apnea Board decisions

The Board denied an extraschedular rating for the Veteran's anxiety disorder and found that he is not entitled to a TDIU due to his service-connected disabilities. The Veteran's anxiety disorder, sleep apnea, tinnitus, and erectile dysfunction do not preclude him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional treatment records, provide proper notice regarding TDIU, and schedule a VA examination.

The Veteran's claims for a higher evaluation of his chronic lumbosacral strain and TDIU are being remanded due to the need for additional development, including obtaining an addendum to the September 2016 VA examination.

The Veteran withdrew her appeal for a higher initial rating for lumbosacral spine strain with degenerative joint disease (claimed as low back pain). The issue of service connection for asthma is addressed in the REMAND portion.

The Veteran's obstructive sleep apnea is related to his active service, and he has been granted service connection for this condition. He also received initial compensatory ratings for other conditions.

The Board has remanded the case for an addendum opinion to determine if the Veteran's sleep apnea is related to his service or aggravated by his service-connected psychiatric disability, specifically considering his head injury in service and subsequent complaints of tiredness.

The Board has granted the Veteran's claim for TDIU as of December 4, 2015. The claims for increased ratings for right knee disability and bilateral hearing loss are pending.

The Board finds that sleep apnea was not manifest during active service and is not shown to be caused or aggravated by the Veteran's service-connected idiopathic central nervous system hypersomnolence syndrome. Therefore, the claim for service connection for sleep apnea secondary to service-connected idiopathic central nervous system hypersomnolence syndrome is denied.

The Board finds that the Veteran's current back disorder is not causally or etiologically related to any disease, injury, or incident during service. The STRs do not show a chronic condition in service and arthritis did not manifest within one year of discharge.

The Board has determined that additional development is needed to obtain the appellant's SSA records, military dependent treatment records, and medical opinions. The case will be remanded for these actions.

The Board has remanded the Veteran's claims due to additional relevant evidence submitted since the December 2012 Statement of the Case. The case will be adjudicated again by the RO.

The Board finds that the Veteran's current degenerative disc and joint disease of the lumbosacral spine is related to his service, resolving all reasonable doubt in favor of the Veteran.

The Board found that the evidence did not support a finding of service connection for obstructive sleep apnea, respiratory disorder (asthma), or acquired psychiatric disorder.

The Veteran's service-connected disabilities have been rated according to the criteria set forth in the VA Schedule for Rating Disabilities. The hypertension has been assigned a 10 percent rating, and the right and left ankle disabilities have each been assigned a 20 percent rating. The PTSD and MDD have been assigned a 30 percent rating effective July 28, 2015.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected lumbosacral strain. The case will be readjudicated based on all evidence and legal authority.

The Veteran's claim for TDIU is granted as he is unable to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran has withdrawn his appeals for increased disability ratings for service-connected lumbosacral strain and left lower extremity sciatic nerve radiculopathy associated with lumbosacral strain.

The Veteran's sleep apnea is found to be related to his service, specifically the deployment in Southwest Asia where he was exposed to environmental hazards. The Board has granted service connection for this condition.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The primary issue remains whether he can establish service connection for sleep apnea as secondary to his PTSD.

The case is being remanded due to the need for a Board video-conference hearing and because the Veteran wishes to have all issues heard at once.