Sleep apnea Board decisions

The Veteran's lumbosacral spine disability has been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees and combined range of motion of the thoracolumbar spine not greater than 120 degrees, which does not meet the criteria for a higher rating under VA's Schedule for Rating Disabilities.

The Board finds that the Veteran's sleep apnea had its onset during active duty and grants service connection for this condition.

The Board has remanded the Veteran's claims due to the need for additional medical opinions regarding his sleep apnea, bilateral hand disorder, and bilateral wrist disorder.

The Veteran's service-connected disabilities, including migraines, sleep apnea, low back strain, left knee strain, right knee medial meniscus tear, tinnitus, hypertension, and other conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these service-connected disabilities.

The Board has granted service connection for sleep apnea as being proximately due to or caused by a service-connected disability, and has also granted service connection for bilateral pes planus. The Veteran's pre-existing ankle and foot disabilities were aggravated during service. Service connection was denied for the remaining issues.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide updated examinations for her asthma, left knee, and lumbar spine conditions. Her claim for a TDIU is also inextricably intertwined with the other claims.

The Veteran's appeals for service connection and increased rating have been withdrawn. The Board has also determined that the Veteran is entitled to a 40 percent disability rating for his urethra stricture, chronic urethritis.

The Veteran's appeal for service connection for bilateral hearing loss has been withdrawn. The case is being remanded to obtain additional medical opinions regarding the Veteran's back disability and sleep apnea.

The Veteran's claims for an increased evaluation for lumbosacral strain and TDIU were denied. The Board found that the reduction in disability rating from 40 percent to 20 percent was improper, but did not find evidence of a worsening condition or new evidence warranting reopening of his claim.

The Board found that the Veteran's current diagnosis of obstructive sleep apnea was not incurred or aggravated by military service.

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

The Veteran's obstructive sleep apnea is not service connected as it did not manifest during service or due to a service-connected disability, including sinusitis, allergic rhinitis and vernal conjunctivitis.

The Veteran's service-connected disabilities have rendered him incapable of obtaining or maintaining substantially gainful employment, and the Board has granted a TDIU from November 18, 2010.

The Board denied the Veteran's claims for service connection for various conditions, including radiculopathy of the lower extremities, right carpal tunnel syndrome, obstructive sleep apnea, and a cervical spine disorder. The decision also addressed his claim for PTSD based on fear of hostile military activity due to his Gulf War service.

The Veteran's sleep apnea requires the use of a breathing assistance device (CPAP machine). However, there is no evidence showing chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor does he require a tracheostomy. Therefore, an initial evaluation in excess of 50 percent for service-connected sleep apnea has not been met.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues include claims for initial ratings and service connection.

The Veteran's claim for an earlier effective date for a temporary total rating under 38 C.F.R. § 4.30 is denied as the award was granted on March 13, 2009, when he was admitted to a VA medical facility for surgery.

The Veteran's appeal is remanded because it is inextricably intertwined with an issue that has not yet been adjudicated. The effective date of service connection for obstructive sleep apnea must be reviewed, but the decision may be rendered moot if clear and unmistakable error (CUE) in a 1999 rating decision is found.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded to allow for a VA examination and further development of the record.