Sleep apnea Board decisions

The Board finds that the Veteran's obstructive sleep apnea is proximately due to or aggravated by his service-connected seizure disorder, and grants service connection for this condition on a secondary basis.

The Board has reopened the Veteran's claim for service connection for sleep apnea, but further development is needed to determine if his PTSD and/or head traumas have aggravated his sleep disorders.

The Board has ordered a remand due to new evidence suggesting a link between Gulf War service and sleep apnea. The Veteran's claim for service connection is being reviewed again.

The Veteran seeks service connection for sleep apnea. The Board has decided to remand the case due to the need for a VA examination and further development of evidence.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea and whether it is related to service or his service-connected hypertension.

The Veteran's claims for earlier effective dates for tinnitus and coronary artery disease were denied as the earliest date of entitlement was July 16, 2003 and April 14, 2005 respectively.,The Veteran's claim for service connection for dystrophic nails (claimed as brittle nails) and sleep apnea (due to herbicide exposure and/or secondary to coronary artery disease) were also denied.

The Veteran's claim for a higher rating for his lumbosacral strain was denied as the disability does not meet the criteria for a higher rating.

The Veteran's claims for increased ratings for his service-connected low back disability and right wrist disability were denied as the evidence did not show that either condition warranted a rating in excess of 10 percent.

The Veteran's service-connected lumbosacral strain is currently evaluated at a 20 percent rating, and the Board finds that this evaluation is appropriate based on the evidence of record.

The Veteran's chronic lumbosacral strain with intervertebral disc disease is currently rated at 20 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The disability does not meet or more nearly approximate criteria for a higher evaluation.

The Board has granted service connection for obstructive sleep apnea. The claim for bilateral knee disabilities remains pending.

The Veteran's appeal is being remanded for further examination and opinion regarding his sleep apnea, specifically whether it is related to service or aggravated by his service-connected disabilities.

The Veteran's appeals for service connection and rating of his left ear hearing loss and right ear hearing loss have been withdrawn. The Board has also determined that additional development is needed for the remaining claims, including a VA examination for sleep apnea.

The Board found that the weight of evidence is against a finding that it is at least as likely as not that the Veteran's sleep apnea began during his military service, was directly caused by his military service, or is secondary to his service-connected diabetes mellitus. As such, the criteria for service connection have not been met and the claim is denied.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy of the right lower extremities do not warrant a higher evaluation as they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's myofasical lumbosacral pain syndrome, with degenerative changes, and residuals of a laminectomy and fusion was rated at 20 percent prior to November 2, 2011. Since then, the rating has been increased to 40 percent.

The Board denied the Veteran's claims for service connection for congestive heart failure, irregular heartbeat, and sleep apnea. The Board found no evidence of current disabilities or a link to service.

The Veteran's service-connected chronic lumbosacral strain has rendered him unable to obtain and follow a substantially gainful occupation since November 26, 1997. The Board grants TDIU with an effective date of November 26, 1997.

The Board has determined that the Veteran does not have a lung and/or respiratory condition that is the result of disease or injury incurred in or aggravated by active military service, nor can it be attributed to his period of military service. The Board also found no evidence that the current lung and/or respiratory conditions are proximately due to or the result of service-connected disability.

The Board is reopening the claim of entitlement to service connection for sleep apnea due to new and material evidence. However, rather than immediately readjudicating this claim on its underlying merits, the Board remands it for further development. The Veteran's PTSD continues to be rated at 50%.