Sleep apnea decisions — 2015

The Veteran's claims for service connection and initial ratings for cervical spine degenerative changes and headaches have been granted, but the disabilities are not rated higher than noncompensable.

The Board has determined that a VA examination is necessary to determine whether the Veteran's sleep disorder, including obstructive sleep apnea, had its onset during service or is otherwise related to his military service. The case is REMANDED for this purpose.

The Veteran's claim for service connection is being remanded due to the need for additional development, including a VA examination and review of relevant medical records.

The Board has determined that right wrist carpal tunnel syndrome is presumed to have been incurred in service, and the Veteran's obstructive sleep apnea was found not to be related to his active duty service.

The Veteran's low back disability and depression have not met the criteria for higher ratings under the applicable rating schedule.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is not related to his active service and thus, denied his claim for service connection.

The Veteran's cervical spine and lumbar spine disabilities have been rated based on their current manifestations, with the highest rating granted for the cervical spine disability from January 10, 2012. The lumbar spine disability has also received a higher rating.

The Veteran's service-connected DM and heart disability are presumed due to herbicide exposure. The Board has granted service connection for these conditions, but the Appellant contends that other disabilities are secondary to these conditions. A VA medical opinion is needed to address this issue.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's lumbosacral strain was initially rated as noncompensable prior to March 25, 2008 and subsequently rated at 20 percent thereafter. The current rating of 20 percent is maintained as the evidence does not show that the Veteran's disability warrants a higher evaluation.

The Veteran's PTSD was granted service connection and assigned a 70 percent rating effective September 8, 2009. The Veteran is also entitled to an increased rating for lumbosacral strain with degenerative disc disease from September 18, 2009.

Since December 9, 2010, the Veteran's adjustment disorder with PTSD has been rated at 30 percent and his sleep apnea service connection is pending. The Veteran does not have occupational or social impairment that warrants a higher rating.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD, was reopened and granted. The Board found that the preponderance of evidence shows that the Veteran has a current diagnosis of PTSD for VA purposes. Service connection is also granted for sleep apnea, right foot hammertoes, left foot hammertoes, skin disorder (including elbows, knees, and hands), IBS, and GERD.

The Veteran's appeal is being remanded for further development, including obtaining medical records and providing the Veteran with a VA examination to assess her sleep disability and heart condition.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran's left ear hearing loss does not meet the criteria for a compensable rating. The Board finds that his sleep apnea is more likely related to his service-connected sinusitis and allergic rhinitis, rather than being directly related to service.

The Veteran's right knee arthritis is found to be related to his in-service parachute jumps. His lumbosacral spine disability does not meet the criteria for a higher rating.

The Veteran's claim for a higher disability rating for lumbosacral strain was granted, with the current effective date being unknown. The claims for service connection of right and left knee disabilities were not addressed in this decision.

The Board has ordered a remand due to the inadequacy of the July 2009 VA examination, and the need for additional evidence including private treatment records.

The Board has determined that the Veteran's claimed conditions are not related to his active service, including exposure to herbicides. Service connection is denied for COPD, Upper Airway Resistance Syndrome/Sleep Apnea, breathing problems (including bronchitis and emphysema), peripheral neuropathy of upper extremities, ingrown toenails of lower extremities, GERD, and edema of lower extremities.