Sleep apnea decisions — 2014

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing a new opinion from an examiner.

The Board has determined that the Veteran's sleep apnea is related to her service, and therefore grants her claim for service connection.

The Board denied the Veteran's claims for increased evaluations for his low back disability, left and right lower extremity lumbar radiculopathy as there was no evidence of ankylosis or incapacitating episodes in the case of the low back disability. For the other two issues, the criteria for a higher evaluation were not met.

The Board granted the Veteran's petition to reopen his previously denied claim for service connection for lumbosacral strain with spina bifida, finding new and material evidence had been submitted. The claims for sleep apnea and increased rating for gout were also addressed.

The Board found that the Veteran's current sleep apnea is not related to his service or service-connected PTSD, and thus denied the claim for service connection.

The Veteran's sleep apnea was not incurred or aggravated by military service, and the Board finds that it is more likely due to obesity.