Sleep apnea Board decisions

The Board has determined that further development is necessary regarding the Veteran's service connection claims for hepatitis C, depression, and obstructive sleep apnea. The case is REMANDED to obtain outstanding VA treatment records, military personnel records, and determine the nature and likely etiology of these conditions.

The Veteran's service-connected lumbosacral spine disability and associated radiculopathy have been rated at the highest available rating of 20 percent since September 14, 2009. The Board finds that this rating is appropriate based on the evidence showing no more than moderate neurologic impairment throughout the appeal period.

The Veteran's lumbar spine disorder was service-connected on August 13, 2007. Effective dates for the left and right knee disorders were established in July 2009, while an effective date of July 23, 2012, was assigned for his psychiatric disorder.,The Veteran's lumbar spine disorder is presumed to have manifested during service.

The Board found that sleep apnea did not manifest during service and is not otherwise due to a period of active service or period of active duty for training. As such, the Veteran's claim for service connection for sleep apnea was denied.

The Board has reopened the claim of service connection for sleep apnea and granted it, finding that new evidence supports a diagnosis of sleep apnea during service and since then.

The Veteran's claim for service connection for sleep apnea and an increased evaluation for a lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The issue of an increased evaluation for the lumbosacral strain with degenerative disc disease requires issuance of a Statement of the Case (SOC).

The Veteran's service-connected chronic lumbosacral strain has been rated at 20 percent since the initial grant of service connection, and continues to meet this rating based on painful limitation of motion without ankylosis or incapacitating episodes.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has granted service connection for sleep apnea and left ear hearing loss, as well as reopened the claims for these conditions. The Veteran's current symptoms of snoring, gasping or choking during sleep, restless sleep, large neck size, sexual dysfunction, high blood pressure, and obesity are considered to be related to his active service.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the release of private medical records. The claims for increased rating and TDIU are inextricably intertwined.

The Veteran's lung condition and sleep apnea are being remanded for additional development as the Board does not have the medical expertise to determine their etiology. The claims will be reviewed again after this development.

The Board found that the Veteran's current lumbar spine condition is not related to his active military service and denied his claim for service connection.

The Board has determined that sleep apnea is etiologically related to the Veteran's service-connected sinusitis, and thus grants service connection for sleep apnea.

The Veteran's sleep apnea is found to be caused or aggravated by his service-connected disabilities, including his foot and ankle conditions.

The Board has decided to remand the case for additional development, including obtaining updated VA and private treatment records, arranging a sleep apnea examination, and providing a supplemental statement of the case.

The Board has remanded the case for further development, including referral to the Under Secretary for Benefits or Director of Compensation and Pension Service for consideration of an extraschedular rating for service-connected radiculopathy of the right lower extremity secondary to a lumbar spine disability.

The Board has reopened the Veteran's claims of service connection for an acquired psychiatric disorder manifested by memory loss and sleep apnea, finding that new and material evidence has been submitted. The Board then granted service connection for both conditions as they are considered direct service connections based on in-service onset.

The Board has determined that the Veteran's tinnitus began in service and is related to noise exposure, thus granting service connection for tinnitus. The claim for sleep apnea will be remanded as there are insufficient medical opinions regarding its onset or relationship to service.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeals for increased disability ratings have been dismissed as he has withdrawn his claims.