Sleep apnea decisions — 2013

The Board has determined that the Veteran's sleep disorder, including sleep apnea and narcolepsy, did not manifest during service or within one year of discharge. The medical evidence does not support a link between his in-service symptoms and current conditions.,There is no evidence showing that the Veteran's low back disability was present during service or within one year after discharge. The Board finds that secondary service connection for the low back disability due to sleep apnea cannot be established.

The Veteran's appeal is being remanded for a Travel Board hearing. Service connection will be decided on the merits without any presumption, exposure basis, or secondary conditions.

The Veteran's right ear hearing loss meets the criteria for a service-connected disability.,Chronic back pain in service and post-service symptoms support service connection for low back degenerative joint disease.,There is no credible evidence of a traumatic brain injury related to service, nor any current diagnosis. Service connection is denied.,The Veteran's currently diagnosed sleep apnea is not related to service.

The Veteran's lumbosacral strain is currently rated at 20 percent, and a separate 10 percent evaluation for associated incomplete paralysis of the sciatic nerves of the lower extremities has been granted. The claim for an increased rating for his lumbosacral strain remains unresolved.

The Board found that the Veteran's low back disorder is not etiologically related to his military service and denied his claim.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during active duty and resolving all doubt in his favor.

The Veteran's right shoulder bursitis is currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 5201. The appeal for a higher disability rating for his service-connected right shoulder bursitis has been granted.

The Board found that the Veteran's retinitis pigmentosa first manifested during service and is related to his active duty, granting service connection.

The Veteran's discogenic disease of the lumbar spine resulted in symptoms such as pain, muscle spasms, and limited range of motion. The RO found that a rating higher than 20 percent was not warranted prior to February 16, 2006; a rating of 40 percent from February 16, 2006 to March 9, 2006; and no higher than 40 percent after March 9, 2006. Effective July 6, 2012, the Veteran was granted a separate rating for left leg neurologic complications.

The Veteran's claims for service connection were denied across the board. The Board found no evidence of current disabilities or in-service events that would support her claims.

The Veteran's service connection for a headache disorder is granted, and he is entitled to an increased rating for his right shoulder entrapment syndrome. The Board also found that the Veteran has hypertension and entitlement to an initial compensable evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and vocational rehabilitation records. The TDIU claim will also be adjudicated.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a compensable disability rating or higher for his lumbosacral strain, except for the period of November 13, 2002 to July 2, 2003 when he was granted a 20% rating.

The Board has remanded the case for additional development, including a VA spine examination and consideration of functional loss due to flare-ups. The Veteran's claim for an increased evaluation remains pending.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's sleep apnea is related to his service-connected PTSD or any other condition.

The Board found that the Veteran does not have a separate ratable neurologic condition, specifically bladder impairment, related to his service-connected low back disability and denied the claim for a separate disability rating.

The Board has determined that the Veteran does not have confirmed service in Vietnam and there is no evidence of herbicide exposure. The preponderance of the evidence shows that the Veteran's type II diabetes mellitus and leiomyosarcoma are not related to his military service, including any alleged herbicide exposure.

The Veteran's bipolar disorder is related to his service-connected cervical myositis and bulging disc, thoracic discogenic disease and lumbosacral bulging disc, neurodermatitis, post-inflammatory hyperpigmentation (previously an unspecified skin condition of the bilateral calves and forearms), obstructive sleep apnea, and residuals of a left ankle fracture. The Veteran's cervical myositis and bulging disc, thoracic discogenic disease and lumbosacral bulging disc are granted with initial ratings in excess of 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records and scheduling a VA examination to assess the current severity of his service-connected back disability.

The Board has determined that the Veteran's pulmonary embolism is a result of disease or injury incurred in service, and granted service connection for this condition. The issue of service connection for obstructive sleep apnea remains pending as it was not fully adjudicated.