Sleep apnea Board decisions

The Board has remanded the Veteran's claims due to incomplete VA treatment records and the need for a statement of the case on several issues.

From January 20, 2012, the Veteran's lumbar spine disability is manifested by pain, weakened movement, pain on movement, arthritis shown by x-ray findings, and forward flexion limited to 30 degrees or less. The Board finds that a rating of 40 percent is warranted for this period.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for sleep apnea. The remaining issues are addressed in the REMAND section.

The Veteran's request for a Board videoconference hearing has not been scheduled, and the case is being remanded to do so.

The Veteran's appeal is being remanded due to the need for additional records and further development of his claim.

The Board has denied the Veteran's claims for service connection for sleep apnea, right shoulder disorder, left shoulder disorder, psychiatric disorder (to include PTSD and depression), and chronic disability due to substance abuse. The issues of service connection for a psychiatric disorder are remanded as they are inextricably intertwined with the claim for service connection for a chronic disability due to substance abuse.

The Veteran's headaches, right ear disabilities, left ear disease, and back disability are service-connected. The effective date for the increased rating of 20 percent for the back disability is set at April 19, 2006.

The Board has granted service connection for sleep apnea and chronic bronchitis, but denied service connection for hypertension.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to his active service, and thus grants service connection for this condition.

The Board has determined that additional development is necessary in this case, including obtaining medical records and conducting VA examinations to address the appellant's claims for service connection for various disabilities.

The Veteran's service-connected lumbosacral strain and left lower extremity radiculopathy have been granted, but the increased evaluations requested are denied. The Veteran is not entitled to TDIU prior to May 9, 2014.

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

The Veteran's low back disability, including radiculopathy of the lower extremities, does not meet the criteria for a higher rating from May 11, 2004 to September 13, 2005 and from September 14, 2005 forward. The erectile dysfunction is service-connected as secondary to his low back disability.

The Board has remanded the case for further development due to an inadequate VA examination.

The Veteran's appeal has been withdrawn, and the issues of service connection for hypertension and sleep apnea as secondary to service-connected disabilities have been dismissed.

The Veteran's service-connected DDD of the lumbosacral spine is currently rated at 10 percent, reflecting limitation of motion with forward flexion greater than 60 degrees but not greater than 85 degrees and a combined range of motion greater than 120 degrees. The condition does not meet criteria for higher ratings as it does not result in ankylosis or incapacitating episodes.

The Board found that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's service connection claim for sleep apnea is granted, as it finds that his symptoms are related to his military service.

The Board has determined that the Veteran's sleep apnea is related to his military service, and thus grants service connection for this condition.

The Board has determined that the Veteran's type II diabetes mellitus is presumed to have been incurred in service and his erectile dysfunction is proximately due to, the result of, or aggravated by his diabetes mellitus. The Veteran's sleep apnea claim will be remanded for further development.