Sleep apnea Board decisions

The Board denied an earlier effective date for the assignment of a 40 percent evaluation for degenerative disc disease of the lumbosacral spine, finding that it was factually ascertainable that the increase occurred on August 11, 2005.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Board has decided to remand the case for additional development, including obtaining updated treatment records and providing an addendum medical opinion addressing all theories of entitlement.

The Board has determined that the Veteran does not have PTSD related to service stressors, and his respiratory condition (asthma) existed prior to service. The appeal for service connection for hemorrhoids was withdrawn by the Veteran.

The VA denied the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected hypertension, finding that there was no evidence supporting a causal relationship between the two conditions.

The Board denied the Veteran's claims for service connection for sleep apnea and skin cancer, right side of face, as both conditions are not shown to be related to his military service.

The Board denied service connection for sleep apnea and asbestosis, finding that the evidence did not support a link between these conditions and the Veteran's military service.

The Veteran's service-connected disabilities do not prevent him from finding and maintaining substantially gainful employment that is sedentary in nature.

The Veteran's service connection for sleep apnea has been granted, and he is now rated at 70% disability effective August 1, 2011. The Board also found that the Veteran was unemployable due to his service-connected disabilities as of August 1, 2011.

The Board has determined that the Veteran's left knee disability is service-connected, but his diabetes and sleep apnea are not.

The Veteran's claims for service connection for respiratory disability (including sinusitis and rhinitis) and sleep apnea are being remanded due to conflicting medical evidence and the need for further examination and opinion.

The Veteran's service-connected disabilities, when considered together, render her unable to secure or maintain substantially gainful employment.

The Veteran seeks an earlier effective date for the grant of service connection for a back disability. The Board finds that no earlier effective date is warranted as the claim was not pending prior to April 21, 2006.

The Veteran's lumbar spine disability is rated at 20 percent, the highest schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Board also found service connection for radiculopathy of the bilateral lower extremities associated with his lumbar spine disability.

The Board has remanded the case for further development due to non-compliance with prior remand instructions. The Veteran is requested to submit lay statements and outstanding VA treatment records are sought. A new VA examination will be scheduled to address whether the Veteran's sleep apnea had its onset during service, is causally related to PTSD or aggravation by PTSD.

The Board has determined that the Veteran's sleep apnea and hypertension are related to his service-connected postoperative deviated septum, and thus grants service connection for both conditions.

The Veteran's obstructive sleep apnea was not incurred in or aggravated by active military service. The Board found that the preponderance of evidence is against the claim.

The Board has granted service connection for seasonal allergies and assigned a noncompensable rating. The appellant's other claims have been addressed, with some issues resulting in grants of service connection or increased ratings.

The Veteran's service-connected disabilities, including his lumbar spine disability and right lower extremity neuropathy, have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's back disability, characterized by degenerative changes and lumbosacral strain, was found to have a combined range of motion of the thoracolumbar spine not exceeding 170 degrees with forward flexion limited to no less than 40 degrees. This does not meet the criteria for an evaluation higher than 20 percent.