Sleep apnea Board decisions

The Veteran's chronic lumbosacral strain is currently rated at 20 percent, the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for a higher rating has been granted.

The Veteran's claims for service connection are being remanded to obtain additional VA opinions and examinations, as not all theories of entitlement have been addressed.

The Board granted the Veteran's claim to reopen his service connection for obstructive sleep apnea, but denied his request for a rating in excess of 50 percent for migraines and entitlement to TDIU. The decision also noted that the Veteran is entitled to an extraschedular TDIU prior to December 4, 2014.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD, has been remanded due to the need for a VA examination.

The Board has remanded the Veteran's claims for further development due to inadequacies in the adjudication, including addressing whether his symptoms are manifestations of a medically unexplained chronic multisymptom illness and obtaining clarifying opinions regarding service connection.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his military service or a service-connected disability, and thus denied his claim for service connection.

The Veteran's tinnitus had its onset in active service and the Board grants service connection for this disability.

The Veteran's claims for service connection for sleep apnea, gastroesophageal reflux disease (GERD), a bilateral knee disorder, and diabetes mellitus have been granted.

The Veteran's degenerative disc disease of the lumbosacral spine has been rated at 40 percent since June 27, 2008, and remains at that level as of February 11, 2015. The Board affirms this rating.

The Board has dismissed the appeal of service connection for Achilles tendonitis due to withdrawal by the appellant. The Veteran's anxiety and depressive disorders are found to be related to his in-service traumatic experience, while sleep apnea is considered to have developed during service.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or obstructive sleep apnea, and thus cannot establish service connection for these conditions. The dental disorder claim was withdrawn by the Veteran and his representative.

The Board has granted service connection for GERD, IBS, and sleep apnea as secondary to the Veteran's service-connected maxillary sinusitis with right maxillary cysts and allergic rhinitis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records from private providers and ensuring all relevant evidence has been considered.

The Board finds that the preponderance of evidence does not support a finding that the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD. Therefore, the claim for secondary service connection for sleep apnea to include as secondary to service-connected PTSD is denied.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by service and is not secondary to his service-connected hypertension. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development due to the submission of new evidence after a Supplemental Statement of the Case (SSOC) was issued in September 2015.

The Board has granted service connection for sleep apnea and increased ratings for the right shoulder disability and GERD. The Veteran's symptoms of daytime fatigue, trouble concentrating, and nighttime gasping for breath during service are considered credible evidence of onset.

The Veteran was previously denied a TDIU prior to September 5, 2012. The Board found that the service-connected disabilities did not prevent him from securing and following a substantially gainful occupation during this period.,Beginning September 5, 2012, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board granted a TDIU at this time.

The Veteran has been diagnosed with various conditions, including atherosclerotic cardiovascular disease, type II diabetes mellitus, and erectile dysfunction. The Board finds that these diagnoses are related to his service due to the presumption of herbicide exposure for veterans who served in Vietnam.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea and a need for further examination.