Sleep apnea Board decisions

The Board has determined that the Veteran's obstructive sleep apnea, allergic rhinitis, and chronic sinusitis status post septoplasty are related to his service. The evidence is at least in equipoise as to whether these conditions were incurred during his military service.

The Veteran's obstructive sleep apnea was present during service and has continued since then, meeting the criteria for service connection.

The Veteran's sleep apnea is granted as secondary to his service-connected deviated septum and sinusitis. A separate compensable rating of 10 percent for loss of smell under Diagnostic Code 6275 is granted, with a higher rating in excess of 10 percent thereafter. The claim for increased rating for right jaw disability prior to June 28, 2016 and in excess of 30 percent thereafter under Diagnostic Code 6513 is dismissed.

The Veteran's claim for a rating in excess of 20 percent for his lumbosacral spine disability is granted.

The Veteran's claim for a higher initial rating for lumbosacral spine disability was granted, with the highest possible evaluation of 40 percent assigned. The claim for service connection for bilateral hearing loss is pending and not addressed in this decision.

The Board finds that the Veteran's sleep apnea is related to his military service and grants entitlement to service connection.

The Board has determined that new and material evidence has not been received to reopen the claim for obstructive sleep apnea disability. The Veteran's right ankle disability is denied as service connection cannot be established due to lack of in-service manifestation or link between current disability and service. Service connection for chronic headache disability remains pending.

The Veteran's appeal has been withdrawn for the issues of entitlement to service connection for headaches and bilateral hearing loss. The Board finds that the Veteran has tinnitus that had its onset during his period of service, warranting service connection.

The Board has decided to remand the case for additional development, including obtaining medical records from the 72nd Medical Group and providing a supplemental opinion on whether the Veteran's sleep apnea is related to his military service.

The Board found that the Veteran's current obstructive sleep apnea did not manifest during active service, was not caused by or aggravated by a service-connected condition (hypertension), and is not otherwise related to his military service.

The Veteran's preexisting bilateral pes planus was not aggravated by active service, and the Board denied his claim for service connection.

The Board found that the Veteran's current sleep disorders, including obstructive sleep apnea and insomnia, did not manifest in service and are not attributable to service.

The Veteran's appeal is being remanded due to technical issues with the hearing transcript. He will be scheduled for a video conference hearing before a Veterans Law Judge.

The Board has denied service connection for a bilateral knee disorder and a degenerative joint disease of the lumbosacral spine, finding that there is no evidence linking these conditions to service. The Veteran's current disabilities are not considered presumptively related due to lack of continuity or within one year post-service.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and private treatment records. The issues of increased ratings for the low back disability and left L5-S1 radiculopathy are still pending.

The Board has remanded the case for additional development, including obtaining service personnel and treatment records from the Veteran's Mississippi Army National Guard membership. The issues of entitlement to service connection for bilateral hearing loss, anxiety disorder, sleep apnea, and psychosis for the purpose of establishing eligibility to treatment are being remanded.

The Board found that the Veteran's sleep apnea was not incurred or aggravated in service and is not proximately due to or the result of his service-connected hypertension. As a result, the claim for service connection for sleep apnea was denied.

The Veteran's appeal is being remanded to the AOJ for further development, including obtaining VA treatment records and scheduling a VA examination. The issues of entitlement to a compensable initial rating for allergic rhinitis and service connection for sleep apnea are both being remanded.

The Veteran's service-connected disabilities have prevented him from securing and maintaining gainful employment since December 21, 2007.

The Veteran's low back disability was initially evaluated at 10 percent prior to September 9, 2014. From that date until May 27, 2016, the disability was rated at 20 percent.