Sleep apnea decisions — 2012

The Veteran's service-connected PTSD contributed substantially or materially to his death from sepsis due to pneumonia. The Board finds that the Veteran's PTSD aggravated his underlying medical conditions, including hypertension and alcohol abuse, which increased his risk for death.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's current obstructive sleep apnea was caused by his long-standing deviated septum, which was incurred during service. As such, the Board grants service connection for sleep apnea on a secondary basis.

The Board has decided to remand the case for further development, including obtaining VA and private medical records, SSA records, and a new orthopedic examination. The Veteran's claim of service connection for a lumbosacral spine disability will be reconsidered based on the additional evidence.

The Veteran's spondylolisthesis with degenerative joint disease of the lumbosacral spine with loss of function due to pain is currently rated at 40 percent, and his diabetes mellitus, type 2, is currently rated at 20 percent. Both conditions are not shown to warrant a higher rating under the applicable diagnostic codes.

The Board has ordered a remand to obtain an addendum from the VA examiner who conducted the October 2008 examination, in order to address whether the Veteran's sleep apnea is proximately due to or the result of his service-connected hypertensive heart disease.

The Board has found that new and material evidence has been received to reopen the Veteran's claim of service connection for obstructive sleep apnea. The Board also finds that the Veteran's current diagnosis of obstructive sleep apnea is related to his military service, and grants service connection for this condition.

The Board finds that the Veteran's current sleep apnea was incurred during his active service, and grants service connection for this condition.

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

The Board has reopened the claim of service connection for a lumbar spine disability and remanded it for further development.

The Board has decided the claim for a higher rating for hearing loss. The remaining claims for service connection for hypertension and for higher ratings for PTSD require additional development before being decided on appeal, so these claims are remanded to the RO.

The Board has remanded the issues of service connection for sleep apnea, erectile dysfunction, hepatitis C, and peripheral neuropathy due to speculative nature of causation.

The Veteran's service connection for lumbosacral strain is granted. The Board also finds that the Veteran meets the criteria for a TDIU rating due to his service-connected disabilities, including bilateral hearing loss and tinnitus.

The Veteran's claims for bilateral hearing loss, tinnitus, and sleep apnea are being remanded due to the need for additional medical opinions regarding the etiology of these conditions. The case will be returned to the RO after obtaining any necessary records and scheduling appropriate examinations.

The Veteran's appeal is remanded for additional development, including new examinations and a TDIU determination.

The Veteran's claims for service connection for fibromyalgia and sleep apnea are being remanded due to the need for additional examinations and medical opinions.

The Board has reopened the appellant's claim of service connection for RP, finding that new and material evidence has been submitted. The Board also determined that the appellant's visual impairment was incurred during active service.

The Board denied the Veteran's claims of service connection for sleep apnea and an acquired psychiatric disorder, including PTSD. The evidence did not establish a link between any current conditions and his military service.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset during service or is related to a service-connected disability. The issue of entitlement to TDIU was also remanded as part of this decision.

The Board has determined that the Veteran's current sleep apnea manifested during his active duty service and grants service connection for this condition.

The Veteran's cervical strain was initially rated as non-compensable from June 1, 2005 to April 20, 2010 and is now rated at 10 percent since April 21, 2010. The lumbosacral strain with muscle spasm has been rated as 10 percent since the onset of symptoms.