Sleep apnea decisions — 2014

The Veteran's appeal is being remanded for further examination and development due to the need for a VA examination regarding his claimed conditions, including hepatitis C, bilateral shoulder disorder, upper extremity disorders, lower extremity disorders, restless legs syndrome, and fatigue and sleep apnea. The claims are related to secondary service connection.

The Veteran seeks a TDIU based on his service-connected disabilities. The case is being remanded to obtain vocational rehabilitation records and provide the Veteran with a new VA examination to assess the impact of his service-connected conditions on employment.

The Board found that the Veteran's chronic sleep apnea disability was not incurred or aggravated as a result of active service and denied his claim.

The Board has remanded the case due to an incomplete factual record and a need for further examination.

The Veteran is seeking service connection for sleep apnea on a secondary basis based on his belief that it was caused, or made worse, by his service-connected PTSD. The Board finds further development needed to determine the nature and etiology of the Veteran's sleep apnea.

The Board has remanded the case due to the need for a VA examination and additional development of evidence, including obtaining copies of scanned June 2004 pulmonary VA treatment records.

The Board has decided to remand the case for additional development, including obtaining service personnel records and SSA records, as well as an addendum VA examination. The Veteran's claim will be re-adjudicated based on all evidence.

The Veteran's cause of death, metastatic pancreatic cancer, is not service-connected as it did not result from any condition or injury incurred in or aggravated by his military service.

The Veteran's lumbosacral strain disability was not found to meet the criteria for a rating in excess of 20 percent from March 28, 2011.

The Veteran's claim for service connection for sleep apnea is being remanded due to the lack of a VA examination and medical opinion, as well as potential issues with the availability of his service records.

The Veteran's appeal is being remanded due to the need for additional medical examination and information regarding his periods of service.

The Board has determined that the Veteran likely incurred obstructive sleep apnea during his military service, and thus grants service connection for this condition.

The Veteran withdrew the claims for service connection for sleep apnea, hypertension, and an increased rating for PTSD prior to the Board's decision.

The Veteran's lumbosacral strain disability has not resulted in ankylosis, neurological impairments, or muscle spasms severe enough to affect his gait or spinal contour. His condition does not warrant a higher rating based on the current evidence.

The Board has remanded the case for a new VA examination to determine the nature and etiology of all sleep disorders present during the period of the claim, including whether there is a 50 percent or better probability that any such disorder is etiologically related to the Veteran's active service or was caused or permanently worsened by his service-connected PTSD.

The Board has determined that the Veteran does not have a low back disability that is related to his active military service.

The Board found that the Veteran's obstructive sleep apnea clearly and unmistakably existed prior to service, worsened due to increased BMI after service, and was not aggravated by service. As a result, the claim for OSA is denied.

The Veteran's claim for an increased evaluation for his lumbosacral strain with traumatic arthritis was denied. The Board found that the evidence did not show unfavorable ankylosis of the thoracolumbar spine, which is required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has granted service connection for tinnitus and obstructive sleep apnea, but the issues of service connection for hyperlipidemia, ear disorder to include vertigo, acquired psychiatric disorder to include a compulsive disorder and depression have been dismissed due to withdrawal by the Veteran.

The Veteran's sleep apnea is related to service and the Board grants service connection for this condition.