Sleep apnea decisions — 2012

The Veteran's claims for service connection for diabetes mellitus with diabetic retinopathy, peripheral neuropathy and sleep apnea are being remanded to the RO for additional development of his medical records and for VA examinations.

The Veteran's acquired psychiatric disorder, to include PTSD, is related to a verified in-service stressor and has been granted service connection. The Board also found that the Veteran's sleep apnea may be secondary to his service-connected psychiatric disability.

The Board denied a rating in excess of 40 percent for the service-connected lumbosacral strain with DDD, spondylosis, and spondylolisthesis.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a supplemental opinion based on the claims file, as the previous VA examiner did not review all relevant medical history and lay evidence.

The Board found that the Veteran's sleep apnea was not incurred during military service and denied his claim for service connection.

The Veteran's service-connected chronic bronchitis has been granted with a 10% rating effective October 1, 2009. The Board also found that the Veteran's obstructive sleep apnea is not related to his service-connected chronic bronchitis.

The Veteran's claims for service connection on the merits were denied. The appeal is mixed as some issues were granted and others were not.

The Board found that the Veteran's obstructive sleep apnea was not caused or aggravated by his service-connected PTSD, and thus denied the claim for secondary service connection.

The Board has determined that the Veteran does not have an acquired psychiatric disability, including PTSD, or obstructive sleep apnea that is service-connected. The evidence does not support a finding of service connection for either condition.

The Board denied service connection for various conditions, including back injury, cervical spine injury, sleep apnea, fibromyalgia, diabetes mellitus, gastroesophageal reflux disease (GERD), chronic pain, atypical chest pain, and skin disability. The evidence did not support a causal relationship between these conditions and the Veteran's military service.

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

The Veteran's appeal is remanded due to the inextricability of his cervical spine disorder and TDIU issues. His initial claim for higher rating on lumbosacral strain, degenerative disc disease and spondylosis of the lumbosacral spine remains in appellate status.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine had its onset in service and is therefore granted service connection.

The Board denied the Veteran's claims for service connection for low back disorder, left arm injury of the upper left extremity, bilateral glaucoma, left ear hearing loss, and sleep apnea. The appeal was remanded multiple times due to procedural issues.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to determine the nature and likely etiology of the Veteran's sleep apnea. The claims of entitlement to increased ratings for low back disability and hypertension are also being remanded.

The Board found that the Veteran's sleep apnea was not incurred or aggravated in service and is not caused by his service-connected PTSD. The VA examiners provided opinions indicating that the Veteran's sleep apnea is not related to his PTSD.

The Veteran's service-connected disabilities alone are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Board has remanded the case to allow the Veteran to have a Travel Board or videoconference hearing, and no further action is required until notified.

The appellant withdrew all of his claims before the Board could make a decision.

The Board has found that asthma is related to the Veteran's service-connected sinusitis and granted the claim for service connection.