Sleep apnea Board decisions

The Board denied a higher evaluation for the Veteran's back disability and left lower extremity radiculopathy, and denied an effective date earlier than August 28, 2014, for the award of compensation for left lower extremity radiculopathy.

The Board found that the Veteran's vocational goal was not reasonably feasible due to his refusal of an Extended Evaluation plan and inability to establish feasibility, leading to the denial of his VR&E services.

The Board has granted service connection for sleep apnea and assigned a 10 percent disability evaluation. The issue of an increased rating for lumbosacral strain remains on appeal.

The Veteran's hearing loss disability is found to have developed during his active service, warranting service connection.

The Veteran's appeal is being remanded to obtain additional medical records, conduct VA examinations for his obstructive sleep apnea and right knee disability, and to ensure all due process considerations are met.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and finds his depression related to service. The Board also found no evidence linking sleep apnea to service.

The Board denied the Veteran's claim for an effective date earlier than March 17, 2010 for service connection of sleep apnea. The Veteran initiated a new claim to reopen his previously denied claim on March 17, 2010.

The Board has denied the Veteran's appeal regarding service connection for sleep apnea and the grant of an earlier effective date for PTSD. The Veteran withdrew his claim for sleep apnea.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's current obstructive sleep apnea developed during his active duty service, and therefore grants service connection for this condition.

The Board has remanded the claim for further examination and opinion regarding service connection for bilateral lower extremity radiculopathy, including as secondary to service-connected low back disability and/or bilateral knee chondromalacia. The issue of whether lumbosacral DDD is secondary to service-connected lumbosacral strain has also been raised.

The Veteran seeks service connection for sleep apnea. The VA examiner found it less likely than not that the Veteran's sleep apnea began in service or is related to his service-connected residuals of right thyroidectomy, but did find it at least as likely as not that his sleep apnea was aggravated by his service-connected condition.

The Veteran's claim for an increased rating and earlier effective date for his service-connected degenerative joint disease of the lumbosacral spine was granted. The disability is rated at 20 percent, effective February 5, 2010.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by service and is not attributable to a service-connected disability.

The Veteran's service-connected disabilities make him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the schedular requirements for a TDIU.

The Veteran's service-connected disabilities, excluding his mental health disability (PTSD), are as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment.

The case is being remanded for further development, including a new examination and opinion to reconcile findings with Dr. J.'s opinions on the etiology of the Veteran's skin disorders.

The Board has remanded the case for additional development due to incomplete records, including SSA disability benefits application documents.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine was incurred in wartime service and is granted service connection.

The Board finds that service connection for type II diabetes mellitus is not warranted as the preponderance of the evidence fails to establish a link between the Veteran's current condition and his active service. The Board also finds that additional development is needed regarding the etiology of the Veteran's obstructive sleep apnea and hypertension.

The Veteran's claim for increased ratings for residuals of lumbar injury and radiculopathy of the lower extremities has been granted. The Veteran is currently rated 10% for both right and left lower extremity radiculopathy, effective January 11, 2010.