Sleep apnea decisions — 2014

The Board has determined that the Veteran's sleep apnea was incurred during his period of active service.

The Veteran's claims for increased ratings and secondary service connection were denied. The lumbosacral spine disability was found to be at worst mild with no improvement in the previous year, while the left shoulder disability did not show any objective signs of disability.

The Veteran's post-operative right lower extremity numbness and pain following right total knee arthroplasty in May 2007 is not additional disability that is the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA health care providers who provided treatment.

The Veteran's traumatic brain injury and obstructive sleep apnea are found to be service-connected. The PTSD is assigned a 50% disability rating, the left knee and right knee conditions are each rated at 10%, the shoulder strains are not service-connected, the wrist condition does not meet criteria for a higher rating, the spine strain is rated at 10%, the ankle strains do not warrant a higher rating, the hiatal hernia with GERD is rated at 10%, and the headaches are assigned a 30% disability rating. The Veteran's hypertension, DVT, restless leg syndrome, IBS, erectile dysfunction, and hypertensive cardiovascular disease are each rated at 10%.

The Board has determined that additional development is needed to determine the nature and etiology of any current sleep apnea, including whether it is related to service-connected PTSD or diabetes. The Veteran's claim for service connection for sleep apnea will be remanded for further development.

The Board has determined that additional development is needed to determine the Veteran's service connection claim for sleep apnea, including verifying his service in Southwest Asia and obtaining a clarifying medical opinion regarding the onset of his condition.

The Board has remanded the Veteran's claims due to the need for additional development, including obtaining medical records and verifying stressors. The Veteran is diagnosed with various psychiatric disorders and may require a VA examination to determine if any are related to service.

The Board has denied all service connection claims for various knee, hip, toe, and foot disorders as well as sleep apnea. The Veteran's claims are based on the absence of current diagnoses or medical evidence linking these conditions to his military service.

The Board has remanded the case for additional development, including obtaining a supplemental opinion from the previous examiner to address whether the Veteran's sleep apnea is related to service or a service-connected disability and whether it was aggravated by his service-connected hypertension or allergic rhinitis.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's obstructive sleep apnea, as well as whether it is related to his service. The case will be remanded for this purpose.

The Veteran's diabetes mellitus, OSA, high cholesterol, and erectile dysfunction were not shown to be related to his service or a service-connected disability. Therefore, the claims for these conditions are denied.

The Veteran's appeal is being remanded due to the submission of additional evidence that has not been initially considered by the RO. The case will be reviewed again after considering this new evidence.

The Veteran's low back disability, diagnosed as lumbar spondylosis and degenerative arthritis of the lumbosacral spine, is related to an injury in service. The Board has determined that the criteria for establishing service connection are met.

The Board found that the Veteran's current cervical spine disorder is not related to his period of service and denied his claim for service connection.

The Board has determined that the Veteran's sleep disorder, diagnosed as obstructive sleep apnea, is not causally or etiologically related to his service and is not proximately due to or aggravated by his service-connected PTSD with depression and/or chronic prostatitis with bladder infections.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to address the nature and etiology of his tinnitus claim, as well as determining the current severity of his service-connected right shoulder bursitis. The AOJ must also consider whether staged ratings are appropriate in light of Hart v. Mansfield.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral spine strain is being remanded due to the need for additional VA treatment records and examination.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable rating criteria.

The Veteran's PTSD with depression has been granted a rating of at least 70 percent, reflecting significant impairment in most areas.,Service connection for obstructive sleep apnea has been established, with the onset during active military service.

The Veteran's claims for increased evaluations for left above-the-knee amputation and lumbosacral strain with degenerative disc disease are denied as the evidence does not support a higher evaluation under applicable rating criteria.