Sleep apnea Board decisions

The Board has remanded the case for further development, including obtaining medical opinions regarding the Veteran's obstructive sleep apnea and his ability to work due to service-connected disabilities.

The Veteran's bilateral retinitis pigmentosa is rated at 80 percent since October 9, 2015. His asthma remains rated at 30 percent since April 7, 2011.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, and lumbar spine degenerative disc disease, are found to be so severe that they prevent him from securing or following any substantially gainful occupation.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and providing the Veteran with a VA examination to address his claims of service connection for acne disability, obstructive sleep apnea, and sinusitis.

The Veteran's appeal is being remanded for further development, including obtaining medical records and providing the Veteran with new VA examinations to assess his sleep apnea and lumbar spondylosis.

The Board has granted service connection for tinnitus, but denied the remaining issues due to lack of evidence or clear and unmistakable evidence of preexisting conditions.

The Board has reopened the Veteran's previously denied claims for service connection for acquired psychiatric disorder, right hand disorder, bilateral eye disorder, and lumbosacral strain with muscle spasms of lumbar area. The evidence submitted since the last final denial relates to an unestablished fact (medical nexus between current diagnosed disorders and service) necessary to substantiate these claims.

The Veteran's claims for increased ratings and TDIU were denied as the evidence did not support granting higher disability ratings or a TDIU based on his service-connected disabilities.

The Veteran's hypertension was found to have been aggravated by his military service. The Board also granted service connection for residuals of right hand injury, finding that the in-service right thumb strain likely caused current degenerative joint disease.

The Veteran's appeal is remanded due to scheduling issues for a Board hearing. The specific service connection or exposure basis details are not provided in the decision.

The Veteran's appeal for an effective date earlier than February 6, 2009 for service connection of right L5 radiculopathy was denied. The claim for higher initial evaluations for lumbosacral spine disability prior to April 17, 2002 and in excess of 40 percent thereafter after February 6, 2009 is also denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of his claimed bilateral hearing loss disability and sleep disorder.

The Board finds that the Veteran's sleep apnea had its onset during service and is related to his military duties, including breaking up fights which may have caused injuries to his nose. The Board grants service connection for sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected PTSD disability. The right elbow laceration residuals are currently rated as 10% disabling.

The Board has decided to remand the case due to issues related to VA's duty to assist in substantiating the Veteran's claim for service connection of sleep apnea. The Veteran and his spouse testified that the Veteran experienced snoring and cessation of breathing during service, which may indicate an onset or causation.

The Board has determined that the Veteran's sleep apnea is not related to his service-connected sinusitis or tooth extraction complications, and thus denied the claim for service connection.

The Veteran's appeal is remanded for a new VA examination to assess his ability to function in most employment settings due to his service-connected disabilities, and for further development of the record.

The Veteran's claims for a higher rating for his lumbosacral strain and TDIU are being remanded due to the need for additional examination and development of medical records.

The Veteran's service-connected disabilities, including his tension headaches rated at 50 percent disabling and bilateral flat feet rated at 30 percent disabling, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU.

The Veteran's service-connected tinnitus is assigned the maximum schedular rating of 10 percent. The claim for an initial evaluation in excess of 10 percent for tinnitus is denied as there are no legal grounds to assign a higher evaluation under Diagnostic Code 6260. For ED, the RO has already granted service connection and assigned the minimum (zero percent) evaluation allowed by law.