Sleep apnea Board decisions

The Veteran's claims for service connection for headaches, increased rating for traumatic arthritis of the lumbosacral spine, and separate evaluation for limitation of motion (left knee) were denied. The Veteran was granted a noncompensable rating for traumatic arthritis of the lumbosacral spine prior to November 20, 2015, and a 10 percent rating thereafter.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the Board after rescheduling the hearing.

The Board has remanded the case for additional development due to incomplete medical opinions regarding the etiology of the Veteran's sleep apnea and plantar fasciitis.

The Board found that the Veteran's current cervical and lumbosacral spine conditions are related to his service, specifically a motor vehicle accident in July 1993. The VA examiner opined that it is less likely than not that these conditions were caused by this incident.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's claim of service connection for bilateral lower extremity radiculopathy was granted, and his rating for chronic lumbosacral strain was increased to 40 percent effective September 15, 2013. The issue of an evaluation in excess of 40 percent thereafter is still pending.

The Board has determined that the Veteran's sleep apnea and hypertension did not manifest during active service or within one year of discharge, and there is no competent evidence linking these conditions to his military service.,Regarding ulcerative colitis, the Veteran was diagnosed with this condition prior to his second period of active duty. The Board finds that while he had a history of ulcerative colitis before service, there is insufficient evidence to establish whether it was aggravated by service or if any current manifestations are related to service.

The Board has determined that the Veteran's fatigue is not due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness related to his service in Southwest Asia. The symptoms are attributed to known clinical diagnoses such as PTSD, back disability, obstructive sleep apnea, and shift work sleep disorder.

The Veteran is unemployable due to service-connected disabilities, and the Board grants a TDIU on an extraschedular basis.

The Veteran's diabetes mellitus and sleep apnea claims are being remanded for further development. The left shoulder disability, dyshidrosis, chest pain, chronic bronchitis, and chronic headaches claims are also being remanded due to procedural defects.

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.

The Veteran's appeal is being remanded for additional development on the issues of service connection for various conditions, including renal toxicity, vertigo, neurobehavioral effects, chronic athlete's foot, sleep apnea, and bilateral leg radiculopathy. The low back disability claim also requires further examination to assess its current level of severity.

The Veteran's appeals for service connection and reopening of claims have been dismissed due to withdrawal. The Board has determined that new and material evidence has been received to reopen the claim for sleep apnea, but service connection is not granted as there is no evidence of a current disability or link to service. The right elbow and generalized arthritis claims are also reopened, with the right elbow finding in favor of reopening and denial of service connection due to lack of a current disability. Generalized arthritis of the arms claim is denied.

The Veteran's low back disability warrants a rating of 10 percent prior to June 18, 2009, a rating of 20 percent from June 18, 2009, to November 24, 2009, and a 40 percent rating effective November 25, 2009, for functional impairment of the spine and a separate rating of 10 percent from November 25, 2013, for radiculopathy involving the right lower extremity.

The Board found no evidence of sleep apnea during service or a period of active duty training, and the Veteran's current condition is not related to his service-connected PTSD. The claim for increased rating for PTSD was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining an opinion on his ability to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's claimed conditions are not related to his military service and thus denied all claims for service connection.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for sleep apnea.

The Veteran's TDIU claim is being remanded due to the need for a more thorough opinion from a VA Vocational Rehabilitation Division counselor regarding his employment status and functional limitations.