Sleep apnea decisions — 2014

The Board has granted the Veteran's claim of service connection for obstructive sleep apnea. The issue of service connection for an acquired psychiatric disorder, other than PTSD, is dismissed as the Veteran withdrew his appeal.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of increased ratings for PTSD, lumbosacral strain, and chondromalacia of the left knee are also being addressed.

The Board has denied the Veteran's claims for service connection for trochanter bursitis of the right hip and lumbosacral spine strain, finding that new and material evidence was not received to reopen the claims. The decision also addressed a separate issue regarding whether the Veteran's left hip pain is secondary to his service-connected disabilities.

The Board has remanded the case for compliance with the terms of a joint motion to remand, which includes fulfilling the Veteran's Privacy Act request and reviewing additional evidence submitted by the Veteran. The claims will be readjudicated after these actions.

The Board has granted service connection for chronic sinusitis, lumbar disc herniation, lumbosacral degenerative disc disease, lumbosacral osteoarthritis, and bilateral sciatica of the lower extremities.

The Veteran's service-connected low back disability is currently rated as 20 percent disabling, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case for a video hearing due to the Veteran's failure to report for his scheduled personal hearing.

The Board has determined that a remand is necessary to obtain additional medical opinions and evidence, as well as to address the Veteran's claims for increased disability rating and service connection.

The Veteran's sleep apnea, headaches, and blackouts were not found to be related to service. The Board denied the claims for these conditions.

The Veteran's service-connected lumbosacral strain does not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and arranging for a VA examination to determine the nature and likely etiology of his diagnosed sleep apnea.

The Veteran's service-connected lumbosacral strain with degenerative disc and joint diseases is rated at 40 percent since November 25, 2009. The right anterior chest lesion (Ghon Complex) is currently rated at 20 percent effective September 27, 1991.

The Board has granted service connection for PTSD, sleep apnea syndrome, cervical spine disorder, and right arm disorder. The claim for service connection for a back disability was reopened but denied on the merits.

The Board found that the Veteran's sleep disorder, including obstructive sleep apnea, is not related to his in-service snoring and sleep disturbances. The preponderance of evidence does not support a finding of service connection.

The Veteran's claim for a higher disability rating for his service-connected lumbar spine disability was denied. His claim for an earlier effective date for the grant of a 20 percent disability rating for his neurological deficits in the right lower extremity is remanded.

The Veteran's obstructive sleep apnea was incurred in service, and she is granted service connection for this condition. However, there is no evidence of a current lumbosacral spine disorder that can be linked to her active duty service.

The Veteran's service-connected low back disability is rated at 20 percent, and the appeal for a higher rating is denied.

The Veteran's appeal is being remanded to obtain additional medical opinions and examinations regarding his sleep apnea, bronchial asthma, allergic rhinitis and sinusitis, and bilateral hearing loss. The VA will then review the claims again.

The Board has ordered the reduction of the Veteran's disability rating for sleep apnea from 50 percent to zero percent disabling, effective February 1, 2011. However, due to conflicting evidence regarding whether the Veteran currently has a diagnosis of sleep apnea and if he uses a CPAP machine, further examination is needed.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records. The appeal is not about service connection at all.