Sleep apnea decisions — 2013

The Veteran's claim for service connection for a lumbosacral disability is being remanded due to the need for clarification regarding whether his condition preexisted service and if so, whether it was aggravated by service. Additionally, VA treatment records dated since July 2008 are needed.

The Veteran's appeal is being remanded due to incomplete records and the need for further development, including VA examinations.

The Veteran seeks service connection for sleep apnea, which he claims was incurred during his active duty in the Gulf War. The case is being remanded to obtain a VA examination and address the claim.

The Board found that the Veteran's obstructive sleep apnea, heart disease, and ventral hernia are not related to his military service or any service-connected disability.

The Veteran's claims for service connection were denied as new and material evidence had not been received. The Board recharacterized the issues based on relevant case law, but did not address the merits of these claims.

The Veteran's depression is found to be proximately caused by his service-connected schizophrenia and bipolar disorder, resulting in a grant of service connection for depression.

The Veteran's claim for an increased rating for her service-connected lumbosacral strain is being remanded due to the need for additional medical examination and records.

The Veteran's cervical spine disability is rated at 30 percent, effective from the date of this decision. The lumbosacral spine disability remains at a 10 percent rating prior to December 1, 2011 and at a 20 percent rating thereafter. Separate 10 percent ratings are assigned for right and left circumflex nerve paralysis.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service and is therefore granted service connection.

The Board denied the Veteran's claims for service connection for degenerative joint disease and strain of the right hip, as well as sleep apnea, both claimed as secondary to service-connected disabilities. The evidence did not establish a direct relationship between these conditions and active service or any service-connected disability.

The Board has determined that the Veteran's pre-existing juvenile epiphysitis was not aggravated by his period of active duty, and thus service connection is granted for lumbar levoscoliosis as a result of this condition. The other lumbar spine conditions are presumed to have been incurred in service.

The Veteran's claim for service connection for sleep apnea, which he claims is due to asbestos exposure during his military service, has been remanded by the Board of Veterans' Appeals. The case will be reviewed after additional development and consideration.

The Board found that the Veteran's current sleep apnea was not incurred in or aggravated by service, nor proximately due to a service-connected disorder. The VA examiner concluded that the Veteran's obstructive sleep apnea is less likely than not caused by his military service.

The Board has determined that the Veteran's sleep apnea is not shown to have been incurred or aggravated during his military service, and there is no competent medical evidence linking it to a service-connected disability. As such, service connection for sleep apnea cannot be established.

The Board has determined that the Veteran's chronic bilateral patellofemoral pain syndrome of the knees and chronic lumbosacral strain/sprain are causally related to his active military service.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation.

The Veteran's service connection claims for PTSD and an acquired psychiatric disorder, other than PTSD (Adjustment Disorder with Anxious Mood), were granted. However, his claim for a low back disability was denied.

The Veteran's claims for service connection for a left hand disability and sleep apnea have been denied as there is no credible evidence of any current disability or in-service injury affecting the left hand.

The Veteran's COPD and sleep apnea were not shown to have onset during service or be related to his military service, including presumed herbicide exposure. The Board denied the claims for service connection.

The Board has granted a TDIU effective from June 17, 2008. The Veteran's low back disability was rated at 50% and he stopped working full-time on December 22, 2006 due to his service-connected disabilities.