Sleep apnea decisions — 2014

The Board has granted an initial 50 percent rating for obstructive sleep apnea, effective from the date of the May 2008 decision. The Veteran's service-connected cervical spine disability is found to aggravate his obstructive sleep apnea.

The Veteran's PTSD symptoms cause occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a 30 percent disability rating for PTSD.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for low back disability, bilateral avascular necrosis of the hips, and bilateral knee disabilities. The Veteran's current conditions are considered to be related to her in-service injuries and subsequent treatment.

The Board has determined that the evidence is at least evenly balanced as to whether the Veteran's obstructive sleep apnea had its onset in service.,The Board has also determined that the evidence is at least evenly balanced as to whether the Veteran's right and left shoulder disabilities had their onset in service.

The Veteran is seeking service connection for obstructive sleep apnea, which he claims is secondary to his service-connected PTSD. The Board has determined that a remand is necessary to obtain an examination and opinion regarding the relationship between the Veteran's sleep apnea and his active service or any other relevant factors.

The Board has granted service connection for hypertension and sleep apnea, finding that both conditions are proximately due to the Veteran's service-connected ischemic heart disease.

The Veteran's obstructive sleep apnea is established and granted, but his chronic headaches and organic brain syndrome are not related to service.

The Board has granted service connection for sleep apnea and bilateral plantar fasciitis, finding that the Veteran's conditions are more likely than not related to his military service.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for bilateral hearing loss, tinnitus, and obstructive sleep apnea. The VA will obtain relevant medical records and provide an addendum opinion regarding the etiology of these conditions.

The Veteran's appeal regarding the issue of entitlement to service connection for hypokalemia has been withdrawn. The claims for bilateral feet, ankle, and right knee disabilities have not met the requirements for service connection as there is no credible evidence of current disability or in-service incurrence/aggravation. The claim for service connection for sleep apnea was denied on both direct and secondary bases.

The Board has decided to remand the case due to a lack of a VA examination related to the Veteran's sleep apnea, which is linked to his service. The Veteran reported experiencing fatigue during service and provided credible testimony about snoring while in service.

The Veteran's claims for service connection for a respiratory disability, obstructive sleep apnea (OSA), left ankle disability, and hypertension have been denied as there is no evidence of current disabilities or etiologies related to his active duty service.

The Veteran is in receipt of compensation for a permanent and total service-connected disability due to post-surgical fusion lumbosacral spine with minor compression deformity at T7 and T9, which so affects the functions of balance or propulsion as to preclude locomotion without the aid of crutches, canes and/or a wheelchair. As such, he is entitled to a certificate of eligibility for assistance in acquiring specially adapted housing.

The Veteran's obstructive sleep apnea was not incurred or aggravated by service, and the Board finds that it is not related to his service-connected PTSD. The claim for secondary service connection is denied.

The Board has determined that separate disability ratings for the Veteran's service-connected obstructive sleep apnea and asthma are not warranted as they are both rated under DCs 6847 and 6602, respectively. The criteria do not permit the assignment of separate disability ratings for these conditions.

The Veteran's claims for service connection were denied as he does not have a current disability related to hyperlipidemia, and his other conditions are not presumed due to military service.

The Veteran's claim for service connection for a deviated nasal septum has been reopened and granted.,The Veteran's claim for service connection for chronic sleep apnea has also been reopened and granted as secondary to his service-connected deviated nasal septum.

The Veteran's skin disorder and prostate disability are presumed to be due to his service in Vietnam, where he was exposed to Agent Orange. The Board is remanding the case for further development.,Service connection has been denied for hypertension as there is no evidence of its onset during service or within a year postservice.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, meeting the criteria for a TDIU.

The Board has dismissed the appeal due to a withdrawal by the appellant.