Sleep apnea decisions — 2015

The Board finds that the Veteran's sleep disorders, including Sleep Apnea and Upper Airway Resistance Syndrome, are not service-connected as they did not manifest during or within one year after his military service. The VA examiners have consistently opined that these conditions are not related to his service-connected PTSD.

The Veteran's claim to service connect sleep apnea was last denied in an August 1999 rating decision. He did not appeal that decision, and it became final. Since then, he has submitted new and material evidence that relates to an unestablished fact necessary to substantiate the claim for service connection of sleep apnea. The Veteran's persistent cough since serving in Desert Storm is also being considered.

The Board has granted the Veteran's claims for service connection for tinnitus, sleep apnea, an upper back disability, a lower back disability, and a bilateral knee disability.

The Veteran's claims for service connection for ischemic heart disease, diabetes, diffuse idiopathic skeletal hyperostosis (DISH), sleep apnea, rheumatoid arthritis, gout, neck disability, low back disability, bilateral hip and knee disabilities, iritis, allergies, nephrolithiasis, erectile dysfunction, and lip rash are all granted due to presumed exposure to herbicides in service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining VA treatment records and an addendum from the examiner.

The Veteran's service-connected disabilities are not considered to have caused or contributed substantially to his death due to cardiopulmonary arrest. The Board finds that the evidence does not support a finding of clear and unmistakable error in prior decisions regarding his disability ratings, nor is there any basis for reopening claims based on new evidence.

The Board denied the Veteran's claims of service connection for bilateral knee disability, obstructive sleep apnea, right shoulder disability, and hypertension. The evidence did not establish a direct link between these conditions and service.

The Veteran does not have a current right hip disability, and the evidence does not establish service connection for any of his other claimed conditions. The Board finds that there is no basis to grant service connection.

The Board found that the Veteran's low back and respiratory disabilities were not incurred or aggravated by service, as there was no evidence of chronic conditions in service or within one year after separation. The VA examiner opined that the current low back disability is less likely than not related to service.

The Veteran withdrew his appeal for a higher initial rating for sleep apnea, and the Board dismissed the case as a result.

The Veteran's service-connected sleep apnea was not manifested by persistent daytime hypersomnolence or use of a breathing assistance device prior to September 26, 2009. For the period beginning September 26, 2009, his sleep apnea did not meet the criteria for a compensable rating.

The Veteran's degenerative spondylosis of the lumbosacral spine with DDD at L5-S1 has been manifested by forward flexion greater than 30 degrees but not greater than 60 degrees, resulting in a rating of 20 percent.

The Board has granted service connection for sleep apnea and found that the Veteran's current diagnosis of sleep apnea is related to his in-service right ankle injury. The claim for an increased rating for right ankle disability remains pending.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination.

The Board has determined that additional evidence is needed to fully and correctly decide the Veteran's claims, including medical records from his treatment facilities during service.

The Veteran's sleep apnea is secondary to his service-connected allergic rhinitis. The Board has granted this claim.

The Veteran's service-connected chronic fatigue syndrome and fibromyalgia have been granted, with the presumption of exposure to undiagnosed illness or other qualifying chronic disability due to his service in the Southwest Asia Theater during the Persian Gulf War.

The Veteran has withdrawn his appeal for service connection for degenerative disc disease of the lumbosacral spine and a right knee disability. The Board is dismissing these claims.

The Board has reopened the claims for PTSD, hypertension, and right shoulder disability. The Veteran's current conditions are presumed to be related to service due to their onset within one year of discharge.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by service and is not caused or aggravated by his service-connected PTSD. Therefore, service connection for sleep apnea on a direct basis and secondary to PTSD is denied.