Sleep apnea decisions — 2009

The Board found that the Veteran does not have a current diagnosis of narcolepsy and there is no evidence linking his sleep disorder to service. The claim for service connection was denied.

The Veteran's diabetes mellitus was not shown to be related to service, and the presumption of service connection for herbicide exposure does not apply.,Chronic headaches were not shown to have been present during service or are otherwise related to service. The Veteran has no current diagnosis of chronic headaches.,Lumbosacral disorder, including degenerative disc disease (DDD) and arthritis, was not shown to be related to service. The Veteran's low back pain started during service but the condition did not manifest within one year post-service.

The Board has determined that the Veteran's sleep apnea with impaired concentration is related to his active military service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to assess the severity of his service-connected PTSD and lumbosacral strain.

The appeal has been withdrawn by the Veteran's authorized representative.

The Board dismissed the motion for revision of its September 25, 2007 decision based on clear and unmistakable error (CUE) due to a remand by the Court.

The Board found that the Veteran's obstructive sleep apnea existed prior to service and was not aggravated therein, thus denying his claim for service connection.

The Veteran's claims for service connection and increased evaluations were denied. The claim for a lumbar spine disability was not reopened due to lack of new and material evidence, while the other claims remain pending.

The Veteran's claim for increased ratings for lumbosacral strain is being remanded due to the need for a new VA examination and consideration of extraschedular evaluation.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's service-connected chronic lumbosacral strain, with bulging disc L4-L5 and disc herniation L5-S1, prevents him from securing or following a substantially gainful occupation.

The Board found that the Veteran's lumbosacral spine disorder and right knee disorder were not incurred in or aggravated by service, and thus denied his claims for service connection.

The Board has determined that there is no evidence to support the appellant's claims for service connection for a lumbosacral strain, bilateral hip disorder, and right knee disorder.

The Board found that the Veteran's claimed conditions, including migraines, sleep apnea, irritable bowel syndrome, skin rash, and joint aches, are not service-connected due to lack of evidence linking these conditions to his military service or an undiagnosed illness related to his service in Southwest Asia during the Gulf War era.

The Veteran's claims for increased ratings for his knee and lumbosacral spine disabilities are being remanded due to inadequate VCAA notice and the need for a new VA examination.

The Board found no evidence to support the Veteran's claim that his retinitis pigmentosa is related to his active service, including radiation exposure and use of anti-malarial drugs. The VA examiner concluded that the condition may be linked to his service-connected skin disability but not to his alleged in-service exposure.

The Board has determined that the Veteran's current sleep apnea is aggravated by his service-connected PTSD, and therefore grants service connection for sleep apnea as secondary to PTSD.

The Veteran's appeal is being remanded for further development to comply with the Veterans Claims Assistance Act of 2000 and other procedural requirements.

The Veteran's initial claim for a compensable evaluation for chronic sinusitis was granted, and he was awarded service connection for depression and sleep apnea (claimed as sleep problems) due to an undiagnosed illness related to his Gulf War service. The low back disorder claim is pending.