Sleep apnea decisions — 2015

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service.

The Board found that the Veteran does not have a current diagnosed skin condition of the feet or any symptomatology related to such. The claim for service connection for sleep apnea was remanded due to inadequate examination and further development is required.

The Veteran's service connection claims for bilateral eye disability, sleep apnea, hypertension, and diabetes mellitus, type II are denied as there is no evidence of a direct relationship between these conditions and his active duty service.

The Veteran's lumbar spine strain is manifested by severely reduced forward flexion of the thoracolumbar spine, but not ankylosis. The criteria for an evaluation in excess of 40 percent have not been met.

The Veteran's claims for increased ratings for left knee bursitis and DDD of the lumbosacral spine with spondylolisthesis were denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has denied the Veteran's claim for service connection for a chronic disability manifested by shortness of breath, finding that her symptoms are not related to service or service-connected conditions.

The Veteran's current sleep apnea was not incurred or aggravated in service and is otherwise unrelated to service.

The Board has determined that new and material evidence has been presented to reopen the claims of service connection for right shoulder disability, prostate disability, and hypertension. The Veteran's current right shoulder disability is considered incurred in or related to his military service.

The Veteran's appeal of entitlement to service connection for migraine headaches has been withdrawn. The issue of entitlement to service connection for sleep apnea is being remanded for issuance of a statement of the case.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is being remanded due to a need for a VA examination.

The Veteran's sleep apnea is found to have been incurred in service, and the Board grants service connection for this condition.

The Veteran's service-connected lumbosacral strain has been rated as noncompensable, but the May 2012 VA examination revealed significant impairment warranting a compensable rating. The decision granted an increased disability rating of 10 percent for lumbosacral strain.

The Board has reopened the Veteran's claim for service connection for a bilateral knee condition and granted service connection for degenerative joint disease of the bilateral knees.,Service connection is also granted for migraine headaches as secondary to service-connected PTSD, fibromyalgia, and/or degenerative disc disease of the cervical spine with spinal stenosis. Service connection is also granted for sleep apnea as secondary to service-connected PTSD.

The Board has remanded the increased rating and TDIU issues on appeal for additional development. The Veteran's left knee disability to include DJD, as well as his lumbosacral spine DDD, are still under consideration.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea, headache disorder, or an acquired psychiatric disorder. The service treatment records do not show any complaints or diagnoses related to these conditions during active duty. The medical evidence shows that the Veteran was diagnosed with sleep apnea in 2012 and no nexus has been established between her current conditions and service.

The Board found that the Veteran's claimed lumbosacral spine disorder, right knee disorder, and bilateral leg disorders are not related to his service. The preponderance of evidence does not support a finding in favor of service connection for these conditions.

The Veteran's service-connected disabilities are found to be of such severity so as to preclude substantially gainful employment, warranting a TDIU.

The Veteran's claim for special monthly pension based on housebound status or permanent need for regular aid and attendance (A&A) has been denied as he does not meet the criteria for either benefit.

The Veteran's appeal was denied for all issues related to service connection due to the lack of evidence supporting these claims. The Board found that there is no current disability, and no link between any claimed conditions and active military service or herbicide exposure.

The Board has decided to remand the case due to inadequacy of a previous VA opinion and other procedural issues. The Veteran's claim for service connection for sleep apnea will be returned to the agency of original jurisdiction (AOJ) for further action.