Sleep apnea decisions — 2014

The Board has determined that the Veteran's current lower back condition is not related to his active duty service.

The Veteran's sleep apnea is found to be caused by his service-connected PTSD. His PTSD results in significant occupational and social impairment, warranting a 70 percent disability rating.

The Veteran's appeals for increased ratings for left and right knee arthritis have been dismissed due to his withdrawal of the appeals prior to the promulgation of a decision.

The Board denied service connection for a right knee disability, restless leg syndrome, obstructive sleep apnea with upper respiratory airway resistance syndrome, excessive weight loss/fluctuation, eczema, and chronic fatigue syndrome due to lack of evidence linking these conditions to service.

The Veteran's degenerative disc disease of the lumbosacral and thoracic spine is rated at 40 percent since February 11, 2011. The rating reflects his current symptoms including flexion limited to 10 degrees with no evidence of ankylosis or muscle spasm.

The Board has remanded the claims for further development, including obtaining clarification and opinions from a VA examiner regarding the nature and etiology of the Veteran's claimed disabilities.

The Board has remanded the case for further consideration due to an inadequate etiological opinion in a previous VA addendum.

The Veteran's obstructive sleep apnea was incurred in service and is related to his active duty service.

The Board has reopened the Veteran's claim for service connection for sleep apnea as secondary to seizure disorder. However, the VA medical opinions found that the sleep apnea was not caused or aggravated by the seizure disorder and is more likely due to obesity. Therefore, the claim for service connection is denied.

The Veteran's claims for service connection for pneumonitis, sleep apnea, and hypertension are being remanded due to the need for additional examinations and development of medical records.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected Bell's palsy, and thus grants service connection for this condition.

The Board has determined that the Veteran's currently diagnosed sleep apnea is at least as likely as not related to his military service, and therefore grants the claim for service connection.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including ischemic heart disease due to presumed exposure to herbicide agents and other conditions not related to service. The claims are therefore denied.

The Veteran's appeals for service connection for sleep apnea, increased ratings for cognitive disorder, depression and anxiety, cerebrovascular accident with right hand tremor, headaches, and bilateral hearing loss have been withdrawn.

The Board has determined that additional development is needed to determine the etiology of the Veteran's obstructive sleep apnea and restless leg syndrome, including consideration of chemical exposure during service. The case will be remanded for these actions.

The Board has determined that the Veteran's diagnosed sleep apnea, rapid eye movement disorder, and periodic limb movement disorder are not related to any period of active duty or inactive duty training. The VA examiner opined that these conditions were first diagnosed after service and did not have their onset during periods of ACDUTRA or INACDUTRA.,The Board finds no evidence in the record supporting a direct relationship between the Veteran's current sleep apnea, rapid eye movement disorder, and periodic limb movement disorder and his military service.

The Board has determined that a VA examination is needed to determine if the Veteran's sleep apnea is related to his military service or service-connected disability, and whether it was caused by or aggravated by his posttraumatic stress disorder.

The Veteran's MFS is related to his active service, and the Board has granted service connection for this condition. The issues of entitlement to service connection for a right hip disability, prostate cancer, and cardiomyopathy are remanded due to inadequate medical opinions in the December 2012 VA opinion.

The Veteran's appeal is remanded due to the need for a Statement of the Case (SOC) on all issues raised in his notice of disagreement.

The Board has determined that the Veteran does not have a spine disability, acquired psychiatric disorder (including PTSD), or obstructive sleep apnea that is related to his active service.,VA examinations and medical opinions indicate no link between these conditions and the Veteran's military service.