Sleep apnea decisions — 2015

The Board has determined that the Veteran does not have sleep apnea as a result of active military service and may not be presumed to have been due to an undiagnosed illness or unexplained chronic multi-symptom illness. The claim for a rating in excess of 20 percent for a back disability is also denied.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a medical opinion on whether his condition was caused by or aggravated by his service-connected hypothyroidism, and if so, how much of the aggravation can be attributed to that condition.

The Veteran's claims for increased ratings and TDIU were denied. The Veteran was granted a 20 percent rating for his lumbosacral DDD, but not for the radiculopathy of his lower extremities prior to November 6, 2012.

The Veteran was granted TDIU as of November 1, 2009, due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's lumbosacral strain with degenerative arthritis and disc disease is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has determined that the Veteran does not have ischemic heart disease and therefore, service connection for this condition is denied.

The Board has granted service connection for TMJ, bilateral foot disorder (plantar fasciitis and pes cavus), and bilateral eye disability. The Veteran's skin condition is not related to her in-service conditions or service. Service connection was denied for sleep apnea, carpal tunnel syndrome, and a skin disorder.

The Board has denied the Veteran's claims for service connection for a heart condition and sleep apnea, finding that there is no evidence to support these conditions being related to his military service. The cause of death was determined to be end stage heart disease, which also had no direct link to service.

The Veteran's lumbar spine disorders are not rated higher than 10 percent, and his right shoulder tendonitis is also not rated higher than the assigned percentage for the periods specified. The claims were denied.

The Veteran's back disability is rated at 10 percent, and he was granted increased ratings for his lower extremity radiculopathy. The TDIU issue has been raised but not adjudicated.

The Veteran's service-connected lumbosacral strain and right lower extremity sciatica have not been found to warrant higher ratings.

The Veteran withdrew his appeal regarding the claim for service connection for a lumbosacral spine disability prior to the Board's decision.

The Veteran's obstructive sleep apnea was incurred during his period of active service and the Board grants entitlement to service connection for this disability.

The Veteran's lumbosacral strain is currently rated at 40 percent, the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher evaluation as they are consistent with the current 40 percent rating based on forward flexion limited to 30 degrees or less.

The Board has remanded the Veteran's claims for additional development, including obtaining service treatment records and providing VA examinations to determine the nature and etiology of the claimed spinal meningitis and sleep apnea disorders.

The Board has granted a higher initial disability rating of 30 percent for sleep apnea for the period prior to May 29, 2008 and a 50 percent rating thereafter.

The Veteran has been granted service connection for diabetes mellitus, type II, as secondary to in-service herbicide exposure.,Service connection is also granted for bilateral lower extremity peripheral neuropathy and obstructive sleep apnea, both found to be related to the Veteran's service-connected PTSD.

The Board has granted service connection for obstructive sleep apnea, but the issues of bilateral hip disorder and migraine headache disorder are remanded due to inadequate nexus opinions.

The Veteran seeks service connection for sleep apnea, which he asserts had its onset during service or was caused by his service-connected chronic sinusitis with headaches. The Board finds the July 2012 VA examination inadequate and remands the case for an appropriate VA examination to determine whether the Veteran's sleep apnea is related to his military service or a service-connected disorder.