Sleep apnea decisions — 2014

The Board has determined that the Veteran does not have a current diagnosis of low back, left knee, sleep apnea, or heart disabilities and therefore cannot establish service connection for any of these conditions.

The Veteran's respiratory disorder is found to be service-connected. The status of her hysterectomy, gastrointestinal disorder, hypertension, migraines, and sleep apnea claims are pending further medical evaluation.

The Veteran's appeal is being remanded for additional development, including new VA examinations and retrieval of relevant medical records.

The Veteran's low back disability, characterized by forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees and combined range of motion greater than 120 degrees but not greater than 235 degrees, does not meet the criteria for a higher rating. The current 10 percent rating remains appropriate.

The Board denied the Veteran's claims for increased ratings for his left knee instability, right knee degenerative joint disease, and right hip degenerative joint disease. The claim to reopen a service connection claim for lumbosacral spine disability was also denied.

The Board has remanded the claims of service connection for major depressive disorder and sleep apnea, as well as the claim for an increased rating for lumbosacral strain due to inadequate VA examinations. The Veteran will need further examination to determine if his current conditions are related to his service-connected condition.

The Veteran's appeal was dismissed due to the death of the Veteran, and his widow requested substitution as the appellant. The issue of entitlement to service connection for high cholesterol has been withdrawn by the Veteran.

The Veteran's claims for service connection for various conditions, including right and left knee disorders, bilateral leg disorder, bilateral eye disorder, and obstructive sleep apnea (excessive tiredness), have been denied as the evidence does not support a causal relationship to service or any qualifying chronic disability under Persian Gulf War criteria.

The Veteran's appeal for an increased rating for his service-connected low back disability was denied, but he was granted a finding of total disability based on individual unemployability.

The Veteran's service-connected disabilities do not result in permanent and total disability due to the loss of use of both lower extremities, blindness in both eyes with only light perception, or other conditions that would qualify him for specially adapted housing assistance.

The Board has determined that the Veteran's sleep apnea is not related to his active service and was not caused or aggravated by his service-connected diabetes mellitus or PTSD.

The Veteran's claim for an earlier effective date for service connection and compensation for residuals of lumbosacral strain with bilateral spondylolysis at L5 and lumbosacral spondylolisthesis was denied. The effective date can be no earlier than September 10, 1998.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his service in the Gulf War, and thus grants service connection for this condition.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new VA examination and consideration of lay statements regarding his symptoms during service.

The Board has remanded the case for additional development, including obtaining an addendum opinion regarding the nature and etiology of any obstructive sleep apnea. The Veteran's service-connected PTSD with depressive symptoms may be related to his increased appetite and weight gain.

The Veteran's post-operative lymphosarcoma is currently in remission and without significant residuals, resulting in a noncompensable rating. The Board denied an increased rating for this condition.

The Veteran is seeking service connection for obstructive sleep apnea. The Board has decided to remand the case due to the need for a VA examination and further development of his claim.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is being remanded due to a need for further development, including obtaining Social Security Administration records.

The VA determined that the Veteran's sleep apnea is not related to his service-connected PTSD or Agent Orange exposure, and therefore denied the claim for service connection.

The Board has granted service connection for the Veteran's cervical spine disorder, skin disorder, and facet arthropathy of the lumbosacral spine. The initial ratings assigned are 10 percent for each condition. The Board denied service connection for obstructive sleep apnea (OSA), septal deviation, status-post nasal fracture, and a scar on the left fourth finger.