Sleep apnea Board decisions

The Veteran seeks service connection for sleep apnea, which he claims began during his military service. The May 2009 VA respiratory examination did not show any symptoms or complaints relating to sleep apnea in service and concluded that the Veteran's sleep apnea is not related to his military service without resorting to mere speculation.

The Board has determined that the Veteran's current obstructive sleep apnea is not related to his in-service snoring and thus denied service connection for this condition.

The Veteran's migraine headaches are service-connected, but there is no evidence linking his obstructive sleep apnea to service.

The Veteran's kidney removal was not due to service, and the low back disability does not warrant a higher rating.,The left knee disability is already rated at its highest possible level of 10 percent.

The Veteran's claims for increased ratings for obstructive sleep apnea with bronchial asthma and allergic rhinitis are being remanded due to the submission of new evidence that may affect the severity assessments. The AOJ will consider this evidence in conjunction with the existing record.

The Veteran's claim for service connection for sleep apnea has been granted, and a 30 percent rating is assigned for his service-connected stress headaches.

The case is being remanded for additional development to address the Veteran's claims regarding his bilateral knee disability and lumbosacral strain.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted an initial rating of 20 percent for left lower extremity radiculopathy, effective June 1, 2006.

The Veteran's lumbosacral strain with radiculopathy has not been productive of more than mild incomplete paralysis of the sciatic nerves, and therefore does not meet the criteria for a disability rating in excess of 40 percent.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's sleep apnea and whether it is related to service. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions on the relationship between his sleep apnea and hypertension to service.

The case is being remanded for further development, including obtaining SSA records and VA treatment records. The Veteran's claim of whether the January 1978 rating decision denying service connection for a back condition was based on clear and unmistakable error (CUE) has not been adjudicated.

The Board has determined that the Veteran's sleep apnea and cold injury residuals are not related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, and for an examination to determine the etiology of his sleep apnea.

The Veteran's claim for a disability rating in excess of 20 percent for lumbosacral strain is being remanded due to the need for additional development, including scheduling a VA examination and obtaining outstanding VA treatment records.

The Board has determined that the Veteran's chronic obstructive sleep apnea (OSA) is not related to his service or a service-connected disability.,The Veteran's left knee disorder does not warrant an evaluation in excess of 10 percent.

The Veteran's chronic lumbosacral strain with disc herniation has been manifested by complaints of pain, but there is no evidence of incapacitating episodes or neurological manifestations for which service connection has already been established. The current disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's low back disability was rated at 10 percent prior to June 6, 2006 and is now rated at 20 percent from June 6, 2006 forward.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected major depressive disorder, and thus grants service connection for this condition.

The Board has reopened the Veteran's claim for service connection for a back disorder and denied it. The Veteran was granted service connection for obstructive sleep apnea, but this is considered secondary to his service-connected nasal obstruction.