Sleep apnea Board decisions

The Veteran's appeal is being remanded for further development, including obtaining VA medical records and issuing a Supplemental Statement of the Case (SOC) on several issues.

The Board has denied the Veteran's claims for service connection for acquired psychiatric disorder, sleep apnea, and chronic fatigue syndrome. The evidence does not support a finding of service connection for these conditions.

The Board denied a higher rating for chronic lumbosacral strain and dismissed the appeal on the issue of annual clothing allowance.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, and no higher. The Board finds that his disability does not meet or more nearly approximate unfavorable ankylosis or demonstrate incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board has decided to remand the case for further development, including scheduling a VA examination and obtaining an opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for a higher rating under applicable diagnostic codes.

The Board found that the Veteran's current left ankle disability is not attributable to disease or injury sustained during his period of service and denied entitlement to service connection for a left ankle disability. The issue of sleep apnea was remanded but an addendum opinion is needed to address its likely etiology.

The Board has determined that the evidence is in equipoise as to whether the Veteran's service-connected PTSD caused or aggravated her obstructive sleep apnea, and thus grants service connection for this condition.

The Veteran's lumbar spine disability is rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine. The other issues remain unchanged with no new ratings granted.

The Board has remanded the case for further development due to conflicting medical opinions and additional evidence submitted by the Veteran.

The Board has ordered additional development to obtain medical records and an addendum opinion regarding the Veteran's low back disability. The case will be remanded for these actions.

The Board has determined that further development is needed to determine if the Veteran's disabilities are related to exposure to Agent Orange. The case is being remanded for this purpose.

The Board denied the Veteran's claims of service connection for gouty arthritis of the left ankle, psychiatric disability (PTSD), sleep apnea, and right hip disability. The appeals were based on new and material evidence.

The Veteran's service-connected disabilities, including schizophrenia, left knee injuries, and back strain, did not prevent him from securing or following substantially gainful employment prior to October 1, 1999.

The Veteran's appeal is being remanded for a video conference hearing. The issues of rating for bilateral hearing loss, service connection for asthma, service connection for a bilateral knee condition, and service connection for sleep apnea are pending.

The Veteran is seeking service connection for various conditions, including a right ankle condition and its secondary effects on his knees, hips, back, and carpal tunnel syndrome. The Board will review the evidence to determine if new and material evidence has been submitted and to decide whether these claims should be granted.

The Veteran's low back disability was rated at 40 percent for the period prior to December 4, 2013. From that date, a higher rating is denied.

The Veteran's claims for service connection for sleep apnea, DJD of the bilateral elbows and/or right ankle, and a left eye condition have been denied as there is no evidence of onset during active service or within one year following discharge. The preponderance of evidence does not support a nexus between these conditions and active service.

The Veteran's claims for an increased rating for his low back disability and TDIU were denied as he failed to appear at a scheduled VA examination, which was necessary to determine the impact of his service-connected condition on his employability.

The Board has determined that the Veteran's low back disability causes marked interference with employment and warrants an extraschedular rating of 10 percent from April 1, 2008.