Sleep apnea decisions — 2014

The Veteran's service-connected hypertension and obstructive sleep apnea have not been found to warrant higher initial ratings during the appeal period.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to incomplete records and the need for a new VA examination.

The Board has denied the reopening of claims for service connection for hypertension and lumbosacral spine degenerative arthritis as new and material evidence was not submitted.

The Board found that the Veteran's current low back and hip disabilities are not related to his active military service, nor can they be presumed to have been incurred therein. The claims for service connection were denied.

The Board has determined that the Veteran's claimed disabilities, including right elbow and knee conditions, sleep apnea, gastrointestinal disorder, and erectile dysfunction, were not incurred or aggravated during his period of active military service. The VA examiners provided opinions indicating these conditions are less likely related to service.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected PTSD, and thus service connection for this condition is granted.

The Board has remanded the case for a new VA medical opinion from a sleep specialist/physician specializing in sleep disorders/OSA to address whether the Veteran's OSA is related to service or his service-connected psychiatric disorder. Additional private and VA treatment records are also requested.

The Veteran's claim for service connection for PFB was denied as there is no evidence of a current disability.,For the period prior to July 15, 2009, the Veteran's lumbar spine disability warranted a 40% evaluation based on limitation of motion.

The Board has determined that the Veteran's lumbosacral and cervical spine conditions are not related to his service-connected left knee disability, and therefore, denied service connection for these conditions.

The Veteran requested to withdraw his appeal, and the Board has dismissed it.

The Veteran's current back disability was not manifest during active service or within the first post-service year, and is not shown to be otherwise related to his active service. The Board finds no evidence connecting his current back disability with activities he engaged in during service.

The Board has remanded the case due to the need for additional medical records and further evaluation, including from VA facilities and private providers. The Veteran's claims of chemical exposure in service are being considered.

The Board has decided to remand the case for a VA examination and consideration of extraschedular considerations due to significant functional impairment not reflected in current rating criteria.

The Veteran's service-connected pseudofolliculitis barbae is currently rated as noncompensably disabling. The Board finds that the June 2010 VA examination was adequate and addresses all relevant aspects of the Veteran's symptomatology.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining updated evidence and scheduling examinations to determine the severity of his service-connected anxiety disorder and whether his current sleep apnea is related to military service.

The Board has determined that the Veteran's left knee disability is related to his active duty service and grants service connection for this condition.

The Board has denied the Veteran's claims for service connection for peripheral neuropathy of the right lower extremity, bilateral peripheral neuropathy of the upper extremities, and degenerative disc disease of the lumbosacral spine with nerve root involvement. The evidence does not raise a reasonable possibility of substantiating these claims.

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

The Board found that the Veteran does not meet the criteria for a diagnosis of PTSD and therefore denied service connection for PTSD. The claim for an acquired psychiatric disorder other than PTSD, including sleep apnea as secondary to such disorders, is also addressed.

The Veteran's claim for a higher rating for his service-connected low back disability is dismissed. The Board has granted the Veteran's TDIU claim, finding that he is unemployable due to his service-connected disabilities.