Sleep apnea decisions — 2013

The Veteran's claims for service connection for hypertension and obstructive sleep apnea were denied as secondary to his service-connected PTSD. The Board found no evidence of a nexus between the current conditions and active duty service.

The Board denied the Veteran's application to reopen his claim for service connection for lumbosacral spondylolisthesis and found that new and material evidence had not been received. The proteinuria claim was also denied as it is a laboratory finding rather than a disability.

The Veteran's service-connected disabilities (lumbosacral strain, major depressive disorder, and bilateral pes planus) combine to make him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any diagnosed sleep disorder. The initial compensable rating claim will also be addressed.

The Board has remanded the case for a VA examination to determine if the Veteran's sleep apnea is proximately due to, the result of, or aggravated by his service-connected panic disorder.

The Board has remanded the case for further development and opinion regarding the etiology of the Veteran's sleep apnea and hypertension, specifically addressing whether these conditions are related to service or secondary to a service-connected disability.

The Veteran's net worth does not constitute a bar to receipt of nonservice-connected pension benefits due to his and his wife's current financial situation, life expectancy, and health status.

The Board has determined that the Veteran's sleep apnea did not have its onset during service and is not a result of disease or injury incurred during his military service. Therefore, the claim for service connection for sleep apnea is denied.

The Board has determined that the Veteran's obstructive sleep apnea is service connected as secondary to his service-connected PTSD.

The Veteran's lumbar spine intervertebral disc syndrome and related conditions have been granted higher initial disability ratings, with a total rating of 40 percent.

The Veteran's appeal is being remanded for additional development of his claims, including the retrieval of recent outpatient records and authorization to obtain private treatment records. The TDIU claim will also be reconsidered.

The Veteran's claims for increased ratings and an earlier effective date were denied. The claim for a compensable evaluation prior to October 23, 2012 was granted.

The Veteran withdrew his appeal regarding the issues of service connection for lumbosacral degenerative disc disease and an increased disability rating for PTSD prior to a decision being made.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disorder, to include a depressive disorder. The evidence now shows that he has a current psychiatric condition related to his active service. Service connection is granted for this condition. The Veteran also has hypertension and other conditions which are being remanded for further review.

The Board has granted service connection for lumbosacral and cervical strain, and the Veteran's PTSD is rated at 50 percent.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining his personnel records and determining probable exposure to hazardous noise during service. The case will be remanded for further action.

The Veteran's service-connected lumbosacral strain with L4 degenerative disc disease does not meet the criteria for an initial evaluation in excess of 20 percent.

The Veteran's claim for increased ratings for spinal stenosis with degenerative joint disease of the lumbosacral spine is being remanded due to the need for additional development.

The Veteran's low back disability has been manifested by muscle spasm and pain, but not to the extent that it warrants a higher rating.

The Board found that the Veteran does not have a ratable bilateral hearing loss disability due to disease or injury incurred in or aggravated by his active military service. The Board also found that his sleep apnea did not originate during his active military service and is unrelated to his service.