Sleep apnea decisions — 2014

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain was denied, and his TDIU claim remains pending.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling appropriate VA examinations.

The Veteran has current obstructive sleep apnea that began during his active duty service. The Board finds in favor of the Veteran's claim for service connection for OSA.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to symptoms observed during service, and thus grants service connection for this condition.

The Veteran's lumbosacral degenerative disc disease is causally related to his military service, and the Board has granted service connection for this condition on a direct service connection theory.

The Veteran's claim for increased ratings and service connection were both denied. The initial rating of 10% for lumbosacral spine degenerative changes was maintained, while the secondary service connection claim for cervical spine disability was not addressed due to procedural issues.

The Board finds that the Veteran's sleep apnea was not incurred during service and is not related to his service-connected PTSD. The preponderance of evidence does not support a finding that the Veteran's sleep apnea is related to or aggravated by his service-connected PTSD.

The Veteran's appeal is being remanded due to his inability to attend the scheduled hearing. He requested a rescheduling of his hearing, but it was not done.

The Board denied the Veteran's claims for an effective date prior to September 26, 2008, for the award of service connection for his left hamstring and hip disability, as well as his lower back disability. The decision found that the earliest date of receipt of a claim was September 26, 2008.

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine DDD were denied as the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected sinusitis is found to aggravate his obstructive sleep apnea, warranting service connection for the condition.

The Veteran's service-connected disabilities, especially PTSD with major depressive disorder, peripheral neuropathy of the lower extremities, and degenerative changes of the lumbosacral spine, preclude him from securing or following a substantially gainful occupation. The Board finds that TDIU is warranted.

The Veteran's claims for service connection for an acquired psychiatric disorder and sleep apnea were denied as there is no evidence of a verified in-service stressor or exposure to fumes, and the preponderance of the evidence does not support a finding that these conditions are related to his military service.

The Board has remanded the case for additional development, including a new VA examination and readjudication of the claims.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected hypertension.

The Board found that the Veteran's current respiratory disorders did not manifest during or as a result of military service, including exposure to cold or asbestos. The preponderance of evidence does not support a finding that his COPD and other lung conditions are related to military service.

The Board has remanded the case for further development, including obtaining a sleep study report and scheduling the Veteran for a VA sleep apnea examination. The appeal will be reconsidered after these actions.

The Board has decided to remand the claims for further development due to missing documents and unclear appeal history.

The Veteran's claim for service connection for obstructive sleep apnea, as due to his service-connected asthma, is being remanded for further development and consideration.

The Veteran's sleep disturbances and fatigue are related to his service-connected obstructive sleep apnea.,Chronic fatigue syndrome is not a qualifying chronic disability under 38 C.F.R. § 3.317, as it has been ruled out by the VA examiners.