Sleep apnea decisions — 2014

The Board has granted service connection for sleep apnea and sinusitis, finding that the Veteran's symptoms began in service and have been continuously present since then.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis of obstructive sleep apnea was incurred in service. The claim is reopened due to new and material evidence presented since the last final denial.

The Veteran's appeals for increased ratings for lumbosacral strain and mild bilateral pes planus were dismissed as the Veteran did not file a timely NOD or substantive appeal.

The Board finds that the Veteran's gastrointestinal stromal tumor (GIST) / leiomyosarcoma was not incurred in or aggravated by service, and is not related to a service-connected condition. The claim for service connection is denied.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, sinus disorder (claimed as sinusitis), and obstructive sleep apnea. The evidence did not support a finding of direct service connection in all three cases.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea is not related to service and therefore denied his claim for service connection.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and further development of his case.

The Veteran's appeal involves multiple issues related to various conditions, including hypertension, sleep apnea, traumatic brain injury, peripheral neuropathy, and PTSD. The Board has ordered the case back for a videoconference hearing.

The Board denied service connection for a spine disorder and denied entitlement to TDIU based on the lack of evidence linking current disabilities to service, including any presumptive exposure. The Veteran's back pain was found to have started in December 1971, well after his military service.

The Veteran's claims for increased ratings for his lower back, left shoulder, and cervical spine disabilities are being remanded due to the need for additional examinations and consideration of functional impairment.

The Board denied the Veteran's claims for an earlier effective date for service connection for PTSD and for service connection for sleep apnea, finding that there was no evidence of a claim prior to January 26, 2007. The Board also found that the current obstructive sleep apnea disorder is not related to service-connected type II diabetes mellitus or service-connected PTSD.

The Veteran's claim for service connection for sleep apnea was dismissed without prejudice. The Board granted the Veteran's claim for service connection for an acquired psychiatric disability, to include depression and PTSD.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to the death of the appellant.

The Board found that the Veteran's sleep apnea was not caused by his military service and denied his claim.

The Veteran's left and right lower extremity radiculopathy, consistent with mild (but not greater) incomplete paralysis of the sciatic nerve, is rated as a separate disability from her service-connected lumbar spine disability.

The Veteran's claims for increased ratings and entitlement to a total disability rating based on unemployability due to service-connected disability were denied. The Board found that the evidence did not support higher ratings or TDIU.

The Veteran's left ankle disability is granted, and his lumbosacral strain is rated at 20 percent. The TDIU claim remains pending.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to inadequate VA examination reports and the need for a new examination using a goniometer.

The Board denied service connection for a right knee disability and found that the reduction of the rating for lumbosacral spine disability from 20% to 10% was not proper. The Veteran's current lumbosacral spine disability is currently rated as 20% disabling.

The Board has determined that the Veteran's sleep apnea is directly related to his military service and grants entitlement to service connection for obstructive sleep apnea.