Sleep apnea decisions — 2015

The Veteran's lumbosacral strain has been rated at 40 percent since September 1997, and this rating remains in effect.

The Board has remanded the case for further development, including a VA examination and medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The issues on appeal are whether service connection should be granted for obstructive sleep apnea as secondary to sinusitis with allergic rhinitis or chronic pain from service-connected musculoskeletal disabilities.

The Board has denied service connection for a back disorder due to lack of evidence linking the current condition to service. The claims for respiratory disorder (including sleep apnea) and hypertension are pending as there is no clear indication that these conditions were incurred in or aggravated by service.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea and finds that his symptoms are part of his service-connected acquired psychiatric disability, to include insomnia. Therefore, service connection for sleep apnea is denied.

The Veteran's combined disability rating of the lumbar spine associated disabilities is 60 percent, which meets the criteria for SMC at the housebound rate from April 23, 2008.

The Board denied the Veteran's claim of entitlement to service connection for sleep apnea on a secondary basis to his service-connected narcolepsy. The effective date for the grant of service connection for narcolepsy remains July 1, 1997.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 40 percent, effective July 26, 2013.

The Veteran's current sleep apnea is related to his active service, and the Board grants service connection for this condition.

The Veteran's claim of service connection for a mental disorder, including major depressive disorder, has been granted. The claims of service connection for rheumatoid arthritis and sleep apnea have also been reopened and are pending further development.

The Veteran's claim for service connection for ischemic heart disease was denied as there is no evidence of a current disability. The issue of an increased rating for PTSD remains in appellate status, and the Veteran has not perfected his appeal of the denial of service connection for obstructive sleep apnea.

The Board has remanded the case due to the need for additional development of records, including from private providers and VA medical centers.

The Veteran's gout, GERD, diverticulosis with diarrhea, and sleep apnea are all found to have been incurred during active duty. His PTSD is rated as 100% disabling since the effective date of service connection. The Veteran is granted a TDIU based on his PTSD.

The Veteran's private medical expenses for obstructive sleep apnea treatment at Pulmonary Physicians of Gainesville on June 12, 2013 were not authorized by VA and did not meet the criteria for reimbursement under applicable laws.

The Board found that the Veteran's obstructive sleep apnea is not related to service or secondary to his service-connected posttraumatic stress disorder (PTSD). The claims for a rash, right ear hearing loss, and left ear hearing loss are remanded for additional examination and opinion.

The Veteran's claims for reopening a nervous condition claim, service connection for PTSD and obstructive sleep apnea are being remanded due to the need to obtain additional records from VA and Social Security Administration.

The Board has decided to remand the case for a VA examination to determine if the Veteran's sleep apnea is related to service or his service-connected PTSD, and whether it was caused by his PTSD.

The Veteran's claim for an earlier effective date for the grant of service connection for sleep apnea prior to January 27, 2012 is denied. The Board found that no earlier effective date was warranted as there were no informal claims or communications indicating intent to file a claim for this condition before January 27, 2012.

The Veteran's hypertension and sleep apnea were found to be incurred in service, with the Board granting service connection for both conditions.

The Board found that the Veteran's current obstructive sleep apnea was not incurred in or related to his military service, and denied his claim for service connection.

The Board has determined that the Veteran's acquired psychiatric disorder, including Generalized Anxiety Disorder, Panic Disorder, Major Depressive Disorder, and Depression, as well as his sleep apnea, are related to events during his service. Therefore, these conditions have been granted service connection.