Sleep apnea Board decisions

The Veteran has withdrawn his appeals for all issues on appeal.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to evaluate his service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his service-connected PTSD and depression, and thus denied the claim for service connection.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected hypertension, as well as whether environmental hazards during his Gulf War service caused his sleep apnea.

The Board has determined that there is no current diagnosis of an unspecified respiratory condition, and the Veteran's statements regarding such a disability are not competent evidence. For sleep apnea, the VA examiner opined against a nexus to service based on lack of in-service treatment or diagnosis. For hypertension, the VA examiner also opined against a nexus to service based on lack of in-service treatment or diagnosis.

The Veteran's claim of service connection for sleep apnea is being remanded due to the need for a video hearing.

The Board has determined that the Veteran's sleep apnea and hypertension had their onset during his active service, and thus service connection is granted for both conditions.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and opinion regarding the nature and etiology of his sleep apnea. The case will be readjudicated after this development.

The Board has remanded the case for a Travel Board hearing and further development.

The Veteran's appeal is being remanded for additional development to assess the impact of his service-connected disabilities on his ability to work, including side-effects from narcotic pain medications.

The Veteran's muscle condition, low back disability, right knee disability, and index finger disability are not service connected. The Board found no evidence to support the Veteran's claims for increased ratings.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine warrants a 10 percent rating prior to July 17, 2014. From that date, his disability is rated at 20 percent.

The Board has ordered additional development to be completed in order for the claims of service connection for various conditions to be properly adjudicated.

The Veteran's back disability was not rated higher than 20 percent, and his right and left leg radiculopathies were each granted a 20 percent rating effective August 26, 2011 and August 26, 2014 respectively.

The Board has remanded the case due to the need for clarification on whether any service-connected disability contributed to the Veteran's death. The appellant asserts that the Veteran's obstructive sleep apnea caused or materially contributed to his cause of death.

The Veteran's obstructive sleep apnea is not service connected and was denied on the grounds that it does not meet the criteria for direct service connection, as there is no evidence of a nexus to service. The Board also found that his sleep apnea is not secondary to any service-connected conditions.

The Veteran's lumbosacral strain has been evaluated at a 10 percent rating since September 23, 2002. The evidence does not meet the criteria for a higher disability rating under the amended regulations.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not support a higher rating for his service-connected respiratory disorders prior to July 1, 2007 or since July 1, 2007. For the time period prior to April 24, 2014, the Veteran was engaged in substantially gainful employment and thus ineligible for TDIU.

The Board found that the Veteran's sleep apnea did not manifest in service and is less likely than not caused by or related to his military service.

The Board has granted a 40 percent rating for the Veteran's lumbosacral strain with history of psychophysiological overlay and intervertebral syndrome of the nerve root at L5 with superficial peroneal nerve involvement and degenerative joint disease, effective June 14, 2011. The claim for separate compensable ratings for radiculopathy associated with the Veteran's lumbar spine strain is denied.