Sleep apnea Board decisions

The Veteran's service-connected disabilities do not render him totally unemployable, as he is capable of securing and following a substantially gainful occupation.

The Board found that the Veteran's sleep apnea was not incurred or aggravated in service and denied his claim.

The Veteran is not rendered unable to obtain or maintain substantially gainful employment as a result of her service-connected disabilities, and the Board finds that the criteria for TDIU have not been met for any period.

The Board has determined that the Veteran's current sleep disorder, including obstructive sleep apnea and upper airway resistance syndrome, is related to his active service. The Veteran also meets the criteria for an initial compensable disability rating for hypertension.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is currently rated at 10 percent prior to July 5, 2007. The May 2005 VA examination established that the Veteran experiences pain and limited range of motion without additional functional loss or weakness on repetitive use. Therefore, a higher initial evaluation of 20 percent is granted for this period.

The Veteran's claim for service connection for tinnitus was denied, and his claim for an increased rating for lumbosacral strain superimposed on minimal scoliosis and degenerative disc disease, L3-4 and L4-5, at a 10 percent evaluation, was also denied.

The Board has decided to remand the case for additional development, including a VA examination and an opinion regarding whether the Veteran's sleep apnea is related to service.

The Board denied the Veteran's claim for an earlier effective date prior to October 25, 2007 for the grant of service connection for obstructive sleep apnea. The earliest effective date assigned was October 25, 2007.

The Veteran's sleep apnea is related to the medication used to control his service-connected lumbar back pain, and thus is considered secondary to his service-connected condition.

The Board has granted a 20 percent evaluation for the Veteran's service-connected lumbar strain, effective November 19, 2008.

The Board has granted service connection for sleep apnea as aggravated by a service-connected condition (rhinitis) and assigned a 50 percent rating, effective from the date of the decision.

The Board has granted the appellant's claims for service connection for tinnitus and sleep apnea, but denied his claim for service connection for bilateral hearing loss due to lack of evidence within the time frame. The claim for erectile dysfunction was not adjudicated as it is related to a clothing allowance or fee dispute.

The Board has determined that the Veteran's degenerative joint disease of the cervical and lumbosacral spine is service connected, based on evidence showing it began during his military service.

The Veteran's service-connected disabilities, including sleep apnea and hypothyroidism, have resulted in a combined disability rating of 70 percent. The Board has granted the TDIU claim based on these conditions.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's renal cancer was caused by herbicide exposure and whether his service-connected disabilities contributed to his death. The appeal is now pending with the RO.

The Board has determined that the Veteran's sleep apnea is not caused or aggravated by his service-connected esophagitis, and therefore denied the claim for service connection.

The Veteran's service-connected lumbosacral strain is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's right knee disability is currently rated at 50 percent, but the Board finds that his current limitation of extension does not warrant a higher rating.

The Veteran's claims for increased ratings for PTSD, lumbosacral strain, and left knee disability were denied as the evidence did not show that his service-connected conditions warranted higher ratings.