Sleep apnea Board decisions

The Veteran's sleep apnea disability requires the use of a CPAP machine, meeting the criteria for a 50% rating under Diagnostic Code 6847. However, as service connection is granted on the basis of direct service connection and not secondary to another condition, an initial compensable rating cannot be granted.

The Veteran's claims for service connection for a lumbosacral spine disability and right wrist disability are being remanded due to outstanding private and VA treatment records, as well as the need for an addendum opinion from the September 2014 VA examiner.

The Board found that the Veteran's sleep apnea and left shoulder disability are not related to service, thus denying service connection for both conditions.

The Veteran's claims for increased disability ratings are being remanded due to the need for additional examinations and compliance with examination protocols.

The Veteran's acquired psychiatric disability, to include schizophrenia, is found to be aggravated by his service-connected degenerative disc disease and degenerative joint disease of the thoracolumbar spine. The Veteran's sleep apnea is found to have been caused by his service-connected acquired psychiatric disability.

The Veteran's lumbar spine disability was evaluated at a noncompensable (10%) rating from February 19, 2005 to February 21, 2012. The Board denied an initial evaluation in excess of 10% for the period.

The Veteran has withdrawn his appeals for all issues before the Board.

The Board has granted service connection for obstructive sleep apnea and a rating of 50 percent for migraine/tension headaches, effective from the date of receipt of the claim.

The Board has reopened the claims for left knee disability, tinnitus, and obstructive sleep apnea. The claim of bilateral hearing loss remains denied as new evidence does not show a current disability for VA purposes. The Veteran's eye condition (glaucoma) is also being remanded for further examination.

The Veteran's claims for service connection for obstructive sleep apnea, diabetes mellitus, and hypertension have been granted.,No ratings were increased or TDIU was granted.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected rhinitis and sinusitis, and thus grants service connection for this condition.

The Veteran's sleep apnea is found to be secondary to his service-connected diabetes mellitus. The Veteran's bronchial asthma, allergic rhinitis and sinusitis, and bilateral hearing loss are all rated at the maximum allowable under VA rating criteria.

The Board has determined that the Veteran's current low back disability is related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to September 17, 2012. The Board granted a TDIU rating based on the combined disability rating of at least one disability rated as 40 percent or more.

The Veteran's back disability is rated at 60 percent, the maximum rating available under Diagnostic Code 5237 for intervertebral disc syndrome. The Board finds that the evidence supports this rating as it includes incapacitating episodes of intervertebral disc syndrome lasting at least six weeks during the past twelve months.

The Board has determined that the Veteran's claim for an effective date earlier than August 29, 2011 for the award of service connection for sleep apnea is granted. The effective date will be set to June 28, 2011.

The Board found no evidence linking the Veteran's current obstructive sleep apnea to his military service and denied the claim.

The Board has ordered a remand due to the need for additional development, including obtaining medical records and providing an opinion on whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine whether he has a cervical spine disability or left upper extremity radiculopathy. The issues include seeking an increase in evaluation for his lumbosacral spine disability and determining service connection for his cervical spine and left upper extremity radiculopathy.

The Board has granted the Veteran's claim of entitlement to service connection for sleep apnea, finding that his current diagnosis of obstructive sleep apnea is related to his in-service symptoms and granting him service connection.