Sleep apnea decisions — 2013

The Board found that the Veteran's obstructive sleep apnea was not present during active service and is not otherwise related to service, nor is it due to or aggravated by a service-connected disability. As such, the claim for service connection for obstructive sleep apnea was denied.

The Board denied the Veteran's claims for an earlier effective date for service connection and increased ratings, as well as his eligibility for special monthly compensation (SMC) based on need for regular aid and attendance or at the housebound rate.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records, as well as correction of notice regarding secondary service connection.

The Board found that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection, concluding that it was more likely caused by his panic disorder.

The Board has determined that the Veteran's obstructive sleep apnea was present during his final period of active duty and is not presumed to have existed prior to service. The claim for service connection is therefore granted.

The Veteran's claims for increased ratings and initial evaluations were granted, with a rating of 40 percent assigned for his service-connected herniated nucleus pulposus of the lumbar spine. The other conditions received favorable decisions as well.

The Veteran's claim for an increased rating for lumbosacral strain was denied, and the current disability rating of 40 percent remains unchanged. The claim for TDIU due to service-connected disabilities was also denied.

The Board has determined that the Veteran's service-connected rhinosinusitis is at least as likely as not a contributing factor to his obstructive sleep apnea, warranting secondary service connection.

The Board has reopened the Veteran's claim for service connection for a right shoulder disability and remanded his claims of increased ratings for lumbosacral strain and dorsal spine compression fractures. The case is now being returned to the RO for further development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a spine examination. The case will be re-adjudicated after the development.

The Board found that the Veteran's sleep apnea and memory loss are not related to service, with the weight of evidence favoring a diagnosis of known disorders rather than an undiagnosed illness. The claim for service connection was denied.

The Board has granted service connection for sleep apnea on the basis of aggravation by a service-connected disability (sinusitis). The Veteran's sleep apnea is not considered to be directly related to his military service.

The Veteran's service-connected right L5 radiculopathy and L4-L5 herniated disc with lumbosacral paravertebral myositis have been manifested by significant loss of motion but no ankylosis, either favorable or unfavorable. There is no evidence of incapacitating episodes having a total duration of at least six weeks during the past 12 months.

The Board granted service connection for obstructive sleep apnea, finding that it was directly related to the Veteran's active duty service without relying on any presumption or secondary condition.

The Veteran's appeal is being remanded due to the need for additional medical records and examination, as well as clarification of his work absences.

The Board has determined that the Veteran's service-connected residuals of nasal septoplasty are an etiological factor in his development of OSA, and therefore grants service connection for OSA as secondary to service-connected residuals of nasal septoplasty.

The Board found that the Veteran's current diagnosed sleep apnea did not have an onset during his period of service and is not otherwise related to his period of service. The initial compensable evaluation for residuals of left clavicle injury prior to February 18, 2010 was denied, while a 10 percent evaluation beginning as of that date was granted.

The Board has determined that the appellant's service-connected lower back disability and its residuals render him unable to secure or follow a substantially gainful occupation, meeting the criteria for a TDIU rating.

The Veteran's claims for higher rating of chronic lumbosacral strain and service connection for bilateral hip and leg conditions were denied. The claim for TDIU was granted.

The Board has remanded the case for further development, including a clarifying medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected diabetes mellitus and/or PTSD.