Sleep apnea Board decisions

The Board found that the Veteran's sleep apnea was not caused by his military service and denied his claim.

The Veteran's left and right lower extremity radiculopathy, consistent with mild (but not greater) incomplete paralysis of the sciatic nerve, is rated as a separate disability from her service-connected lumbar spine disability.

The Veteran's claims for increased ratings and entitlement to a total disability rating based on unemployability due to service-connected disability were denied. The Board found that the evidence did not support higher ratings or TDIU.

The Veteran's left ankle disability is granted, and his lumbosacral strain is rated at 20 percent. The TDIU claim remains pending.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to inadequate VA examination reports and the need for a new examination using a goniometer.

The Board denied service connection for a right knee disability and found that the reduction of the rating for lumbosacral spine disability from 20% to 10% was not proper. The Veteran's current lumbosacral spine disability is currently rated as 20% disabling.

The Board has determined that the Veteran's sleep apnea is directly related to his military service and grants entitlement to service connection for obstructive sleep apnea.

The Board denied the Veteran's claim for an earlier effective date for service connection of chronic obstructive sleep apnea, finding that the earliest date of receipt of a formal claim was May 5, 2009.

The Veteran's brain tumor was granted service connection as it manifested within one year of separation from active duty. However, his sleep apnea was denied as there is no evidence linking the condition to his military service.

The Board has granted service connection for coronary artery disease with a history of congestive heart failure and myocardial infarction, finding it may be presumed to have been incurred in wartime service due to exposure to herbicide agents. The issue of entitlement to service connection for sleep apnea is remanded.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new examination and consideration of all relevant evidence, including her symptoms during service.

The Board has withdrawn the appeal for entitlement to service connection for sleep apnea. The Veteran's tinnitus was incurred as a result of active service, and his right elbow disorder is not shown to have developed as a result of service.

The Board has denied the Veteran's claims for service connection for various conditions, including acid reflux, back disability, fibromyalgia, sinus condition, hearing loss, blurring in both eyes, sleep apnea, acquired psychiatric condition (PTSD, depression, anxiety), cartilage loss in both knees, gout in ankles and feet, and chronic left ankle fracture. The Board found that the evidence did not support a service connection for these conditions.

The Board determined that the Veteran's hearing loss did not warrant a compensable rating, and denied his claims for service connection of obstructive sleep apnea and COPD.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded for a video conference hearing. The current disability rating for his low back disorder remains at 20 percent.

The Veteran's claim for a higher rating for his service-connected low back disability is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a new VA examination.

The Board has determined that the Veteran's cholecystectomy is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's appeal of the denial of service connection for bilateral shoulder pain, back pain, obstructive sleep apnea, and hypertension was held to be timely filed. The Board found that the Veteran had reasonable excuses for filing his appeal after the 60-day deadline.

The Veteran's claims for increased evaluations for lumbosacral strain and associated radiculopathy were denied. The Board found that the evidence did not demonstrate severe postoperative residuals beyond September 1, 2008.