Sleep apnea Board decisions

The Veteran's appeal is being remanded due to his failure to appear for a scheduled Board hearing. His claims for service connection are still pending.

The Board has determined that the Veteran's prostate cancer and sleep apnea were not incurred or aggravated during his military service, and therefore denied these claims.

The Board has remanded the case to the RO for a new examination to determine the current severity of the Veteran's service-connected lumbosacral strain, with particular attention to how flare-ups affect his range of motion and ability to function.

The Board has remanded the case due to inadequate development of evidence for sleep apnea and diabetes mellitus claims.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board finds no evidence to warrant a higher rating.

The Veteran's claims for bilateral carpal tunnel syndrome and sleep apnea are being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a Travel Board hearing.

The Board denied the Veteran's claims for service connection and earlier effective date, finding no evidence of a current disability in most cases or no causal link to service.

The Veteran's lumbosacral strain was rated at 20 percent prior to October 3, 2007 and increased to 40 percent thereafter. Separate ratings of 10 percent were assigned for radiculopathy in the right and left lower extremities.

The Board has determined that the Veteran's sleep apnea began during his active military service and has continued since then, granting service connection for this condition. The issue of a separate rating for radiculopathy secondary to service-connected degenerative disk disease of the lumbar spine is addressed in the REMAND portion.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with radiculopathy was denied, as the evidence did not show that he met the criteria for a higher rating prior to July 24, 2008. As of July 24, 2008, the Veteran's condition warranted a 20% disability rating.

The Board denied the Veteran's claims for service connection for various conditions, including respiratory disorder, vision disorder, back disability, sarcoidosis manifestations, heart disorder, diabetes mellitus, autoimmune disease, sleep apnea, black outs, and bilateral hearing loss. The evidence did not meet the criteria for direct service connection.

The Board has determined that a VA examination is needed to assess the nature and etiology of the Veteran's claimed sleep apnea, as there is insufficient evidence currently in the record to properly adjudicate the claim.

The Board denied the Veteran's claims for increased ratings for her low back disorder, right and left knee disabilities, and left hip arthritis. The Veteran was not granted service connection for sleep apnea or hypertension as secondary to service-connected conditions.

The Veteran's service-connected lumbosacral strain has been manifested by complaints of pain on motion, but does not cause limitation of flexion to 60 degrees or less, or combined range of motion of the thoracolumbar spine to 120 degrees or less. The disability affects usual occupation and daily activities.

The Veteran's claim for separate evaluations for neurological manifestations of chronic lumbosacral strain is denied. The Board finds that the Veteran does not have any neurological manifestations related to his service-connected chronic lumbosacral strain. His claim for an increased evaluation for residuals of a left meniscectomy is also denied as there are no new and material evidence submitted since the last final rating decision, and the preponderance of the evidence shows that he does not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to January 15, 2016. For the period from January 15, 2016, he is not eligible for schedular TDIU but may be eligible for extraschedular TDIU.

The Board found that the Veteran's current sleep apnea is not related to his military service and determined it was not caused or aggravated by any service-connected disabilities.

The Board found that the Veteran's lumbosacral strain did not meet or approximate criteria for a disability rating in excess of 10 percent, as his range of motion was limited to 70 degrees forward flexion and 205 degrees combined range of motion. The other issues on appeal were also denied.

The Board has granted the Veteran's claim to reopen his service connection for bilateral knee osteoarthritis and secondary service connection for degenerative joint disease of the lumbosacral region. The heart disability and bilateral hearing loss disability claims were dismissed due to withdrawal by the Veteran.

The Veteran seeks service connection for various conditions, including knee and ankle disabilities. The Board finds that some of these claims are based on secondary theories of entitlement to the right knee disability. The appeal is therefore considered 'mixed' as it includes both granted and denied issues.