Sleep apnea decisions — 2014

The Board has remanded the claims for service connection for obesity, diabetes mellitus, hypertension, and sleep apnea to allow for further development. The Veteran's obesity is being evaluated in relation to her service-connected psychiatric disability (depression with psychotic features and PTSD).

The Veteran's lumbosacral strain did not meet the criteria for an evaluation greater than 10 percent from September 20, 2009.

The Board has remanded the case for further development, including a new VA examination to determine if the Veteran's current sleep apnea is related to service. The appeal will be returned to the Appeals Management Center (AMC) in Washington, DC.

The Veteran's service-connected low back disability, including lumbosacral strain and IVDS, is rated at 40 percent since May 21, 2008. The rating for the bone spur of the right foot has been increased to 10 percent effective December 30, 2011.

The case is being remanded for the VA examiner to provide a response regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected diabetes mellitus and/or posttraumatic stress disorder. The examiner must respond specifically to both conditions.

The Veteran's lumbosacral spine disability results in forward flexion of the thoracolumbar spine to 10 degrees, with favorable ankylosis. The disability does not result in unfavorable ankylosis or incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician.

The Board finds that the Veteran does not have a separate sleep disorder, and his symptoms are associated with his service-connected anxiety disorder. Therefore, he is denied service connection for sleep apnea.

The Board has determined that the Veteran's sleep apnea is likely to have begun during his active duty service and grants service connection for this condition.

The Veteran's tinnitus is found to be related to in-service acoustic trauma, and service connection for this condition is granted. The other claims of service connection are dismissed as the Veteran withdrew them during his hearing.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's long period of active service is most likely where his condition began. The TDIU claim was withdrawn by the Veteran.

The Board has remanded the Veteran's claims due to insufficient medical evidence and a need for further examination.

The Board has remanded the Veteran's claims for hypertension, thyroid condition, and sleep apnea with CPAP due to missing service treatment records and the need for additional medical examination.

The Board denied the Veteran's claims for service connection for a right knee disorder, left hip disorder, lumbosacral spine disability, and depression. The evidence received since the last denial was not considered sufficient to reopen any of these claims.

The Board has determined that the Veteran's sleep apnea did not manifest in service or for many years thereafter, and is not otherwise related to service, including exposure to herbicide agents. As such, the claim for service connection for sleep apnea is denied.

The Board found that the Veteran's discharge from his period of service from August 1981 to September 1983 was due to willful and persistent misconduct, which bars benefits based on this period of service. The claims for service connection for various conditions were denied as there is no evidence linking these conditions to service.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need to verify his periods of active duty, obtain additional medical records, and schedule a VA examination.

The Board has determined that the Veteran's low back condition is related to service, and thus grants service connection for a low back disability. The right knee and left knee conditions are not shown to be related to service.

The Veteran seeks service connection for sleep apnea, which he claims developed during his deployment to Iraq. The VA examiner found no evidence of sleep problems in service and denied the claim based on lack of medical treatment for sleep issues. The Board finds this opinion inadequate and remands the case for another examination.

The Veteran's service-connected lumbosacral strain was evaluated at a 10 percent rating. The Board found that the evidence did not show forward flexion of the thoracolumbar spine greater than 60 degrees, combined range of motion not greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.

The Board has received notification from the appellant that he wishes to withdraw his appeals for hearing loss disability and tinnitus. As such, these issues are dismissed.