Sleep apnea decisions — 2015

The Board found that the Veteran's obstructive sleep apnea did not have its onset during a period of active military service or ACDUTRA, and thus denied his claim for service connection.

The Board has determined that the Veteran's claimed disabilities are not related to service or secondary to his service-connected bilateral pes planus with hammertoe deformity.

The Board has decided to remand the case for further development, including a VA examination and an evaluation of the Veteran's sleep apnea claim.

The Board denied the Veteran's claims for service connection for diabetes mellitus and sleep apnea, finding that there was no evidence of herbicide exposure in Vietnam or Thailand. The Board also found insufficient evidence to establish a nexus between current disabilities and service.

The Board denied service connection for neck injury with scar, low back disability, and bilateral shoulder disability. The respiratory condition claim is pending as the VA has not yet provided an opinion regarding its relationship to service.

The Veteran's prostate cancer is granted service connection due to exposure to contaminated water at Camp Lejeune during his military service.,Service connection for the adrenal mass has been reopened based on new evidence, but its direct relationship to service remains unclear.

The Veteran's laryngeal cancer was not incurred in service, may not be presumed to have been so incurred, and is not due to herbicide exposure in service. The claim for service connection is denied.

The Veteran's claim for a sleep disorder was not reopened, and his PTSD is currently rated at 50 percent. The right knee condition issue remains pending as it involves service connection.

The Veteran's appeal is being remanded for additional medical inquiry regarding his claim of service connection for obstructive sleep apnea, which he contends is secondary to a service-connected nasal disorder. The examiner will need to determine if the sleep disorder has been aggravated by the service-connected nasal disorder.

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected sinusitis, is being remanded due to the need for additional medical examination and opinion.

The Board has reopened the Veteran's claim for service connection for a sleep disorder and granted it. The claims of entitlement to service connection for carpal tunnel of the right hand, carpal tunnel of the left hand, and temporary total evaluation due to surgical or other treatment necessitating convalescence (right hand carpal tunnel surgery) are also granted.

The Veteran's service-connected disabilities do not make him unable to obtain and maintain gainful employment, thus the claim for TDIU is denied.

The VA determined that there is no evidence to support a connection between the Veteran's sleep apnea and his military service.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied, but he was granted a TDIU prior to February 22, 2012.,His lumbar spine disability is primarily characterized by DJD and IVDS. The most recent VA examination found that forward flexion of the thoracolumbar spine was limited to 90 degrees with pain on motion.

The Veteran's appeal is being remanded for additional development regarding his lumbosacral strain and bilateral leg radiculopathy claims.

The Veteran's service-connected left knee chondromalacia, lumbosacral spine disability, cervical spine disability, and left ear hearing loss are currently rated at the lowest possible initial rating of 10 percent. The Board finds that these conditions do not warrant a higher rating based on their current manifestations.

The Veteran's lumbar spine disability was rated at 20 percent from August 20, 2013. The Board found that the evidence showed functional loss equivalent to unfavorable ankylosis of the entire thoracolumbar spine and granted a higher rating of 40 percent.

The Veteran's appeal for an initial compensable rating for pseudofolliculitis barbae was withdrawn during a videoconference hearing.,The Board denied the Veteran's claim of service connection for a sleep disorder as there is no evidence that his current sleep apnea disability is related to his military service.

The Board has determined that the Veteran does not have a low back disability caused by or aggravated by his service, and therefore denied the claim for service connection.

The Veteran's claims for service connection have been granted for a low back disability, allergic rhinitis, and left shoulder impingement syndrome with osteoarthritis. The remaining issues are either not addressed or remain pending.