Sleep apnea decisions — 2013

The Veteran's appeal is being remanded due to the need for proper notice regarding his obligation to provide evidence of a baseline severity of his sleep apnea in order to establish entitlement to service connection on a secondary basis.

The Board finds that the preponderance of evidence does not support a finding that the Veteran's obstructive sleep apnea is related to his military service or secondary to his service-connected coronary artery disease and PTSD.

The Board granted a 60 percent rating for the service-connected degenerative osteoarthritis of the lumbosacral spine and chronic sacroiliac strain, effective from the date of the decision.

The Veteran's skin disabilities are being remanded for further development, including obtaining his military personnel records and VA treatment records. The examiner will provide opinions on the etiology of each diagnosed condition.

The Veteran withdrew his appeal regarding the increased rating for degenerative disc disease and joint disease (DDD, DJD), lumbosacral spine.

The Veteran's appeal is being remanded for further development, including additional VA examinations to address the claims of service connection for cervical spine disability, lumbosacral spine disability, and right ankle disability. The claims will be reconsidered after this additional development.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to assess the severity of his service-connected lumbosacral strain.

The Veteran's hypertension and sleep apnea are found to be related to his service-connected PTSD. The increased rating claims for PTSD and laryngospasms remain pending.,The Veteran has raised concerns about the severity of his PTSD, including continuous panic attacks and depression affecting his ability to function independently and effectively.

The Veteran's lumbosacral strain is currently rated at 40 percent, but the evidence does not meet the criteria for a higher rating as there is no unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks in the past twelve months.

The Board has determined that the Veteran's current obstructive sleep apnea likely had its onset during his period of service and is related to his active duty service. Therefore, the claim for service connection for sleep apnea is granted.

The Board denied the Veteran's claims for service connection for hypertension and sleep apnea, finding that there was no evidence of these conditions during service or within the presumptive period. The Board also found that any current diagnoses were not related to service or Agent Orange exposure.

The Board found that the Veteran's sleep apnea did not manifest during service and is not related to his service or his service-connected disabilities, thus denying his claim for service connection.

The Board has remanded the case for additional development due to a failure to provide a VA examination regarding whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, which is the maximum schedular rating available. The Board has granted a TDIU based on his service-connected disabilities.

The Board found that the reduction of the 60 percent rating to a 30 percent rating for service-connected tinea versicolor was proper based on improvement in the disability.

The Veteran's obstructive sleep apnea is found to have had its onset during active service, and the Board grants service connection for this condition.

The Veteran's appeal is being remanded for further development, including a medical opinion regarding the relationship between his in-service leg cramps and current sleep apnea and any related conditions.

The Veteran's bilateral pes planus and sleep apnea were granted service connection. The appeals for increased ratings for hypertensive kidney disease with hypertension, rated 60 percent disabling prior to December 2, 2011, and 80 percent disabling from December 2, 2011, have been dismissed.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, effective March 22, 2007. The current rating does not meet the criteria for a higher evaluation.

The Veteran's claim for an increased disability evaluation for his service-connected lumbosacral strain was denied by the Board, with a 10 percent rating continuing in effect.