Sleep apnea decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA disability determination records. The AOJ will review the claims and conduct any necessary examinations before readjudicating them.

The Veteran's service-connected Acute Respiratory Distress Syndrome with Central Sleep Apnea is currently rated at 100 percent effective April 22, 2013.

The Board has decided that a new VA examination is needed to determine the etiology of the Veteran's sleep apnea, which was diagnosed shortly after service. The Veteran argues that in-service sleep disturbances may be related to his current diagnosis.

The Veteran withdrew his appeal for the issues of entitlement to a compensable evaluation for chondromalacia of the left knee, a compensable evaluation for old trauma distal of the left clavicle of the left shoulder, a compensable evaluation for C6-7 radiculopathy on the left, a compensable evaluation for C6/7 radiculopathy on the right, a compensable evaluation for osteoarthritic changes of lumbosacral spine, and a compensable evaluation for pes planus deformity and posterior calcaneal spur.

The Veteran's appeal is being remanded to obtain additional records from OPM and SSA, as well as for further development of the claims.

The Board has determined that the Veteran's OSA is attributable to service and grants service connection for this condition.

The Veteran's sleep apnea was diagnosed during service and is considered to have started then, warranting service connection.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and medical opinions regarding his anemia and sleep apnea.

The Veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for additional medical records and a new VA examination.

The Veteran's claims for service connection are being remanded due to incomplete information and need for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Veteran's lumbosacral myositis and associated radiculopathy are rated at the maximum allowable under VA guidelines, with no additional ratings for separate disabilities or incapacitating episodes.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and reviewing outstanding medical records.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not incurred or aggravated by his military service and is not proximately due to a service-connected disability.

The Veteran's claims for increased rating of primary insomnia and service connection for sleep apnea were denied. The Board found that the evidence did not support a higher disability evaluation or service connection.

The Veteran's claims for increased ratings are being remanded due to the need for further examinations to assess the current severity of her service-connected disabilities.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is denied as his period of other than honorable service ended with a bad conduct discharge. The weight of the evidence does not support a finding that his current anxiety symptoms are related to his first period of honorable service.,The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of any in-service injury or disease related to this condition, and the weight of the evidence does not support a finding that his current sleep disorder is related to his first period of honorable service.

The Veteran's cervical strain and lumbosacral strain are currently rated at 10 percent, with no separate rating for left upper extremity radiculopathy. The Board has determined that the current ratings adequately reflect the severity of these conditions.

The Veteran's low back disability, including lumbosacral myofascial syndrome with traumatic arthritis and herniated nucleus pulposus, was rated at 40 percent prior to July 16, 2007. Since then, the rating has been denied as higher than 40 percent.

The Veteran's obstructive sleep apnea was found to have existed since his period of active military service, and the Board granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine the etiology of her current condition.