Sleep apnea decisions — 2013

The Board has remanded the case for additional development, including a VA examination to assess the Veteran's service-connected back disability and its impact on her ability to work. The appeal will be readjudicated after this additional development.

The Veteran's service-connected turbinate hypertrophy is causing his breathing problems, and the Board grants service connection for these issues.

The Board has remanded the case for additional development to obtain relevant medical records and provide the Veteran with an opportunity to submit additional evidence. The Veteran is required to cooperate by attending a requested VA examination.

The Veteran's low back disability is currently rated at 40 percent, effective December 23, 1978. The claim for an increased evaluation has been granted.

The Board has determined that the Veteran's sleep apnea, fractures to the left wrist/hand, vertigo, and nose/sinus/throat problems did not begin in service or are otherwise related to service. The claims for these conditions have been denied.

The Veteran's depressive disorder is found to be related to service, and his erectile dysfunction is found to be secondary to a service-connected condition. The Board finds that the evidence is in equipoise as to whether the Veteran's lumbar spine arthritis, continuous body aches and joint pains, gastrointestinal disorder, migraine headaches, skin rash, allergic rhinitis, and sinusitis are related to service.

The Veteran's service-connected PTSD is currently rated at 30 percent, which adequately reflects the severity of his disability as it does not cause occupational and social impairment with reduced reliability and productivity.

The Board has determined that a VA examination is needed to determine if the Veteran's preexisting sleep apnea was aggravated by his subsequent periods of service. The appeal will be remanded for this purpose.

The Board found that sleep apnea was not incurred or aggravated in service, while insomnia was already service-connected. The Veteran's current diagnosis of sleep apnea is considered a separate condition from his previously diagnosed insomnia.

The Board has granted an earlier effective date of November 1, 2006 for the assignment of a 40 percent rating for diabetes mellitus. The Veteran's claim for service connection for sleep apnea is dismissed.

The Veteran's service-connected lumbosacral strain was denied increased ratings in all periods of time specified.

The Veteran's obstructive sleep apnea is currently rated at 50 percent, and his claims for higher ratings or service connection are denied. His acquired psychiatric disorders are not service-connected as PTSD did not manifest within one year of separation from service, and there is no evidence to support a secondary relationship with his sleep apnea. The Veteran's claim for service connection for PTSD is also denied.

The Board has determined that additional development is needed to determine the nature and etiology of any diagnosed psychiatric, respiratory, or sleep disorders. The Veteran's claims are being remanded for further action.

The Board has remanded the Veteran's claim for an increased rating for his lumbar spine disorder due to inadequate examination and failure to account for relevant post-service medical records from the Miami VAMC.

The Veteran's appeal is being remanded for additional development, including providing notice regarding secondary service connection and scheduling a VA examination to determine the nature and etiology of his sleep apnea. Increased evaluations for migraine headaches and syncope are also being considered.

The Board found no evidence of sleep apnea and denied the claim for service connection.

The Veteran's claim for service connection for sleep apnea was submitted on May 26, 2005. The Board finds that the effective date should be set at this time as it is earlier than the originally assigned January 11, 2008.

The Board finds that the Veteran's current sleep apnea is at least as likely as not related to his active duty service, granting direct service connection for this condition.

The Board has determined that the Veteran's sleep apnea is related to his service-connected allergic rhinosinusitis and thus grants service connection for this condition.