Sleep apnea decisions — 2014

The Board has determined that the Veteran's current sleep disorder, including obstructive sleep apnea and insomnia (as a symptom of his service-connected PTSD), was not incurred in or aggravated by active service. The evidence does not support a finding that these conditions are proximately due to or the result of his service-connected psychiatric disorder.

The Veteran's low back disability is currently rated at 20 percent, but the Board has remanded to determine if higher ratings are warranted for his associated femoral radiculopathy.

The Veteran's service connection claim for Paget's disease and increased rating claim for lumbosacral spine disability were both denied. The Board found that the evidence did not support a finding of service connection or an increase in disability ratings.

The Veteran's sleep apnea and left shoulder condition are both granted service connection. The Veteran is also granted a temporary total evaluation for his left shoulder due to convalescence following surgery.

The Board has granted service connection for PTSD and Obstructive Sleep Apnea, finding that the Veteran's current conditions are linked to his military service.

The Veteran's claims for service connection for acquired psychiatric disorder, diabetes mellitus due to herbicide exposure, and secondary service connection for various disabilities were denied. The Board found that the Veteran did not meet the criteria for presumptive service connection under VA regulations.

The Veteran's claims for higher ratings have been denied as the evidence does not support a finding that his conditions warrant any rating in excess of the current 10 percent assigned.

The Veteran withdrew his appeal for all issues currently before the Board.

The Veteran's appeal is being remanded for further development due to the need for updated evidence regarding his service-connected degenerative disc disease of the lumbosacral spine and herniated nucleus pulposus, as well as its associated radiculopathy.

The Veteran's sleep apnea was not incurred in service and is unrelated to service.,For the period prior to April 3, 2012, the Veteran's cervical spine disability did not meet or approximate criteria for a rating higher than 20 percent. For the period from April 3, 2012, the Veteran's cervical spine disability meets criteria for a 30 percent evaluation.,For the period prior to April 3, 2012, the Veteran's right arm radicular symptoms did not meet or approximate criteria for a rating higher than 30 percent. For the period from April 3, 2012, the Veteran's right arm radicular symptoms meet criteria for a 50 percent evaluation.

The Veteran's liposarcoma of the right spermatic cord is presumed to be related to exposure to herbicide agents during service. His hypertension, prostate disorder, renal cancer, and respiratory disorder are not presumptively associated with such exposure.

The Veteran's adjustment disorder with PTSD resulted in occupational and social impairment from December 1, 2008 to December 8, 2010, warranting a 30 percent rating.

The Board has determined that the Veteran's actinic keratosis is related to his exposure to ionizing radiation during military service, and thus grants service connection for this condition. The other skin disorders are not found to be related to service or ionizing radiation exposure.

The Board found that the Veteran's current lumbosacral strain is not related to his service, and thus denied the claim for service connection.

The Board has granted service connection for gastroesophageal reflux disease and obstructive sleep apnea, finding that the Veteran's current conditions are related to his active military service.

The Veteran withdrew his appeal for the issue of sleep apnea service connection at a Board hearing, resulting in its dismissal.

The Board dismissed the motion for clear and unmistakable error (CUE) in a March 1959 decision that denied service connection for retinitis pigmentosa, as the April 1996 decision on reconsideration has already been appealed to the Court.

The Veteran's claims for higher ratings for his cervical spine and lumbosacral spine disabilities were denied. The claim for a higher rating for cutaneous neuritis of the left thigh was also denied as it is already at its maximum allowable rating.

The Veteran's appeal is being remanded due to the need for additional development and examination, including verification of stressors and opinions on the etiology of his acquired psychiatric disorder, obstructive sleep apnea, and hypertension.

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected disabilities, is being remanded due to the need for a VA examination.