Sleep apnea Board decisions

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his sleep apnea and bilateral hearing loss.

The Veteran's service-connected lumbosacral spine disability is currently rated at 40 percent, and the claims for increased ratings are denied.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his active military service.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, sleep disability (including sleep apnea), low back disability, cranial disability (including a neuro cognitive injury due to concussion), and neck disability. The appeal is not about service connection at all.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's claim for a higher rate of SMC was granted, and the effective date for this grant was set at May 13, 2014. The Veteran also received an earlier effective date for his entitlement to SMC.

The Board has determined that there is no evidence to support a finding of service connection for hypertension or sleep apnea as secondary to the Veteran's service-connected ischemic heart disease, diabetes mellitus type II, or PTSD.,Both conditions were not diagnosed during service and are not shown to be related to any period of active duty.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain was denied, and his TDIU claim remains pending.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling appropriate VA examinations.

The Veteran has current obstructive sleep apnea that began during his active duty service. The Board finds in favor of the Veteran's claim for service connection for OSA.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to symptoms observed during service, and thus grants service connection for this condition.

The Veteran's lumbosacral degenerative disc disease is causally related to his military service, and the Board has granted service connection for this condition on a direct service connection theory.

The Veteran's claim for increased ratings and service connection were both denied. The initial rating of 10% for lumbosacral spine degenerative changes was maintained, while the secondary service connection claim for cervical spine disability was not addressed due to procedural issues.

The Board finds that the Veteran's sleep apnea was not incurred during service and is not related to his service-connected PTSD. The preponderance of evidence does not support a finding that the Veteran's sleep apnea is related to or aggravated by his service-connected PTSD.

The Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. He requested a rescheduling of his hearing, but it was not done.

The Board denied the Veteran's claims for an effective date prior to September 26, 2008, for the award of service connection for his left hamstring and hip disability, as well as his lower back disability. The decision found that the earliest date of receipt of a claim was September 26, 2008.

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine DDD were denied as the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected sinusitis is found to aggravate his obstructive sleep apnea, warranting service connection for the condition.

The Veteran's service-connected disabilities, especially PTSD with major depressive disorder, peripheral neuropathy of the lower extremities, and degenerative changes of the lumbosacral spine, preclude him from securing or following a substantially gainful occupation. The Board finds that TDIU is warranted.

The Veteran's claims for service connection for an acquired psychiatric disorder and sleep apnea were denied as there is no evidence of a verified in-service stressor or exposure to fumes, and the preponderance of the evidence does not support a finding that these conditions are related to his military service.