Sleep apnea decisions — 2014

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it is related to his service, including his service-connected PTSD.

The Board has denied the Veteran's claims for service connection for various disabilities, including a right shoulder disability, hearing disability, and other conditions. The evidence does not support a finding of nexus between these disabilities and service.

The Veteran's claim for service connection for sleep apnea was reopened and granted. He is now rated at 70 percent for PTSD with depression and anxiety from August 31, 2010 to September 30, 2012.,Prior to August 31, 2010, the Veteran's PTSD with depression and anxiety was rated at 30 percent. From August 31, 2010 to September 30, 2012, he is rated at 70 percent.

The Veteran's claim for an annual clothing allowance was denied because the evidence did not show that her service-connected chronic lumbosacral strain required a back brace which tended to wear or tear her clothing. The designee of the Chief Medical Director found no such need.

The Veteran's sinusitis and allergic rhinitis are likely traceable to his period of active military duty, while the status of service connection for chronic fatigue syndrome and muscle pain remains unknown.

The Veteran's claims for service connection for sleep apnea and acid reflux are being remanded due to the need for additional development, including obtaining statements from individuals who observed his symptoms during or following service and providing him with VA examinations.

The Veteran's claim for service connection for sleep apnea, to include as secondary to diabetes mellitus type II and anxiety, has been denied. The Board found no evidence linking the sleep apnea to active service or to his service-connected diabetes mellitus, type II.

The Veteran's acne rosacea is found to be related to his active military service. The Veteran's polyneuropathy of the bilateral lower extremities is found to be related to presumed in-service exposure to herbicides.

The Veteran's claim for an increased evaluation of his lumbar spine disability was denied, and the Board found that a higher rating is not warranted. The cervical spine disability claim was also denied as secondary to service-connected lumbar spine disability.

The Veteran's unauthorized medical treatment was for a service-connected condition, but VA facilities were reasonably available and thus payment or reimbursement is denied.

The Veteran's service-connected PTSD and other disabilities rendered him unable to secure or follow a substantially gainful occupation prior to July 1, 2009. TDIU was granted effective from May 18, 2009.

The Board has determined that the Veteran's hypertension and obstructive sleep apnea preexisted service and were not aggravated by military service, thus denying service connection for these conditions.

The Board has remanded the case for a supplemental VA opinion to address whether the Veteran's lumbar spine disorder is caused or aggravated by any of his service-connected disabilities, including PTSD, blindness in the right eye, migraine headaches, temporomandibular dysfunction, epiphora, and paralysis of the face.

The Board has determined that the Veteran's kidney disorder, sleep apnea, hearing loss, and stomach disorder (GERD) are not service-connected as there is no medical evidence linking these conditions to his military service.

The Veteran's claims for service connection and increased rating were denied. The claim for PTSD with major depression was not granted as the Veteran failed to report for a VA examination scheduled in 2013.

The Veteran seeks a TDIU based on her service-connected disabilities. The RO denied the claim, attributing the inability to work to both service-connected and nonservice-connected conditions. The Board finds that another VA examination is necessary to determine the impact of the Veteran's service-connected disabilities on her ability to work.

The Board has decided the case needs additional medical opinion on whether sleep apnea is related to service and if it's secondary to hypertension. The Veteran also submitted new evidence, so a remand is needed.

The Veteran's sleep apnea is aggravated by his service-connected sinusitis, and the Board grants service connection for this condition as secondary to the service-connected sinusitis.

The Veteran's service-connected mechanical mid-low back strain is currently rated at 20 percent, and his claims for acquired psychiatric disorder and sleep apnea are granted. The claim for a disability manifested by fatigue remains denied.

The Board has reopened the issue of service connection for left wrist fracture residuals and granted service connection for obstructive sleep apnea. The Veteran's current diagnosis of obstructive sleep apnea is supported by lay statements from family members indicating symptoms during service, as well as VA medical records noting snoring and daytime fatigue.