Sleep apnea decisions — 2012

The Veteran's claim for service connection for obstructive sleep apnea was denied. The left shoulder disability, however, has been granted a 20% rating.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active service and is related to weight gain associated with service-connected hypothyroidism. As a result, the claim for service connection for obstructive sleep apnea is granted.

The Board has determined that the Veteran's sleep apnea is not causally or etiologically related to service or proximately due to or aggravated by his service-connected asbestosis.

The Veteran's claim for an initial compensable disability rating for service-connected erectile dysfunction was denied, and his claim for service connection for obstructive sleep apnea secondary to PTSD remains pending.

The Veteran's claim for service connection for tinnitus has been reopened and is now being reviewed on the merits.,The Veteran's claim for service connection for bilateral hearing loss has been reopened and is now being reviewed on the merits.,The Veteran's claim for service connection for peripheral neuropathy of the lower extremities has been reopened and is now being reviewed on the merits.,The Veteran's claims for service connection for prostate condition, ganglion cysts (right foot and left wrist), degenerative joint disease (upper and lower extremities), back condition, and sleep apnea secondary to PTSD are all pending and will be remanded for further review.

The Board found no evidence of a chronic low back disability in service or within one year after discharge, and the Veteran's current low back disability is not linked to his military service.

The Veteran's claim for increased ratings for lumbosacral degenerative disc disease is being remanded due to the need for additional medical records and an examination.

The Veteran's claim for a higher evaluation of his chronic lumbosacral strain with degenerative changes was denied. The RO found that the evidence did not support an increase in disability rating beyond 20 percent.

The Veteran's hypertension is presumed to have been incurred in service due to elevated blood pressure readings during his active duty periods. The Board has granted service connection for hypertension.

The Veteran's service-connected PTSD with depression is manifested by sleep disturbance, depressed mood, anxiety, exaggerated startle response, and hypervigilance, resulting in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. He was granted a 30 percent evaluation for this condition.

The Board has remanded the case due to outstanding records and the need for a VA examination.

The Veteran's lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine of 30 degrees or less, and thus does not meet the criteria for a disability rating in excess of 20 percent.

The Board found that the Veteran's sleep apnea, hypertension, and psychiatric disorder did not have their onset in service or are otherwise related to his military service. As a result, these claims were denied.

The Board has reopened the Veteran's claims for GERD and sleep apnea, finding new and material evidence. However, it is unable to determine if these conditions are related to service due to lack of continuity of symptoms.

The Board has determined that additional VA treatment records are needed and will be obtained. The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU per 38 C.F.R. § 4.16(a). However, his claim of entitlement to a TDIU is submitted to the Director, Compensation and Pension Service for extraschedular consideration under 38 C.F.R. § 4.16(b) due to marked interference with employment.

The Veteran is granted separate compensable ratings of 10 percent for bilateral lower extremity radiculopathy associated with his service-connected lumbosacral strain with degenerative disc disease.

The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board found that the Veteran's sleep apnea and periodic limb movement disorder were not related to his active military service or a service-connected disability, leading to denial of both claims.

The Board has remanded the case for additional development, including obtaining treatment records and conducting a VA examination to assess the Veteran's service-connected lumbosacral strain. The issues of entitlement to an increased evaluation and TDIU are also inextricably intertwined with these claims.

The Board has decided that the Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected post-traumatic headaches, needs further clarification and evidence. The case is being sent back to the RO for additional development.