Sleep apnea decisions — 2013

The Board denied service connection for a low back disability and obstructive sleep apnea, finding that the Veteran's current conditions were not incurred or aggravated by active duty service.

The Veteran's appeal has been withdrawn, and his claim for service connection for an acquired psychiatric disorder, to include PTSD, is denied as there is no evidence of a stressor related to combat. The claims for other conditions are also denied.

The Veteran's appeal has been withdrawn by her representative prior to the Board issuing a decision.

The Veteran seeks service connection for respiratory disorders, obstructive sleep apnea, and restless leg syndrome. The Board has remanded the case to allow for additional development including VA examinations.

The Veteran's claims for service connection for various conditions, including PTSD, hypertension, a back disorder, leiomyosarcoma, and diabetes mellitus, were denied. The Board found no evidence of in-service injury or disease related to these conditions, nor any herbicide exposure that could relate the current disabilities to service.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's obstructive sleep apnea is related to his military service. The appeal will be reconsidered after this additional development.

The Board has determined that the Veteran's sinus disability and obstructive sleep apnea are related to his active service, warranting a grant of service connection for these conditions.

The Board has remanded the case for additional development due to incomplete records and need for a new VA examination.

The Board found that there is no evidence of a current fecal leakage disability and denied the Veteran's claim for service connection. For sleep apnea, the Board noted that the VA examiner did not conduct an adequate examination and thus remanded the issue.

The Veteran's service-connected lumbosacral spine and lower extremity disabilities have been rated at the maximum available rating of 20 percent. The Board finds that there is no evidence to support a higher rating for any of these conditions.

The Veteran's obstructive sleep apnea is not service-connected as it does not meet the criteria for presumptive service connection under provisions applicable to undiagnosed illnesses or unexplained chronic multisymptom illnesses. The Board finds that the Veteran's current symptoms are attributable to a known clinical diagnosis and thus, direct service connection cannot be granted.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active military service and denied his claim for service connection.

The Veteran's claim for an increased rating for lumbosacral strain was denied as his condition did not meet the criteria for a higher disability rating.

The Board has determined that the Veteran's sleep apnea is related to his active military service, granting his claim for service connection.

The Veteran's hypertension, diabetes mellitus, and degenerative disc disease of the lumbosacral spine have been granted service connection. The Veteran is assigned a 10% disability evaluation for hypertension, a 20% disability evaluation for diabetes mellitus, and a 10% disability evaluation for degenerative disc disease of the lumbosacral spine prior to March 16, 2010.

The Veteran's lumbosacral strain with early disc herniation and left lower extremity atrophy does not manifest unfavorable ankylosis or any neurological impairment related to his back, thus the claim for a higher rating is denied.

The Board has remanded the Veteran's claims due to inadequate examinations and other procedural issues.

The Board found that the Veteran's sleep apnea was not incurred in or caused by military service and denied his claim.

The Veteran's lumbosacral strain has been rated at 20 percent since July 5, 2010. The disability is characterized by pain and stiffness but does not result in any ankylosis or severe limitation of motion.

The Veteran's service-connected disabilities were rated as follows: lumbosacral strain at 40 percent; tinnitus at 10 percent; right knee disability at 10 percent; left lower extremity radiculopathy at 10 percent, and bilateral hearing loss at noncompensable level. The Veteran was initially entitled to a TDIU rating on November 18, 2009.