Sleep apnea decisions — 2015

The Veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea, was reopened and granted. Service connection for right ear hearing loss was denied.

The Veteran withdrew his appeal with respect to the claims for service connection for post-traumatic stress disorder, diabetes mellitus, hypertension, and eye hemorrhages during a July 2015 Board hearing.

The Board has determined that additional development is necessary and the appeal is REMANDED to obtain outstanding VA and private treatment records, clarify whether there are any updated records from the Penn Sleep Center, and schedule the Veteran for appropriate VA examinations to determine the nature and etiology of his claimed conditions.

The Board denied the Veteran's claims for a higher disability rating for maxillary/frontal sinusitis, service connection for sleep apnea, an acquired psychiatric disorder (including panic attacks, bipolar disorder and depression), and migraine headaches. The current evaluation of 10 percent is deemed sufficient based on the symptoms reported.

The Board has determined that the Veteran does not have current diagnoses for an upper back condition, chronic fatigue, sleep apnea, hypertension, or residuals of Guillain-Barre Syndrome. Therefore, service connection for these conditions is denied.

The Veteran's appeal is being remanded for additional development, including obtaining specific dates of active duty service and scheduling a VA examination to determine the relationship between his current sleep apnea and military service.

The Veteran's low back disability was rated at 10 percent for the initial rating period from June 24, 2006 to August 27, 2012. The VA examiner found that the Veteran experienced pain and limited motion but no incapacitating episodes during this period.

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to PTSD, is being remanded due to inadequate examination and the need to obtain VA treatment records.

The Veteran's lumbosacral strain is not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine less than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. He also has not had incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.

The Veteran's service-connected low back disability is not shown to meet the criteria for a higher rating, as his forward flexion of the thoracolumbar spine remains within normal limits and does not result in favorable or unfavorable ankylosis.

The Board has determined that the Veteran's current sleep apnea and acquired psychiatric disorder were not incurred in or related to his military service.

The Veteran's psychiatric condition, including depression and PTSD, is service-connected.,His headaches are presumed to be related to his Gulf War service.,His left shoulder condition first manifested during service.,His neck condition likely began in-service due to a motor vehicle accident.,Erectile dysfunction is secondary to his service-connected psychiatric disability and hypertension.,Obstructive sleep apnea is service-connected.,Hypertension is also service-connected, linked to the Veteran's sleep apnea.

The Veteran has withdrawn all of her claims on appeal, including those for service connection and initial disability ratings.

The Board has remanded the Veteran's claims for service connection for a sleep disorder and entitlement to TDIU due to incomplete consideration of additional evidence, inadequate VA examination, and need for further development.

The Veteran's low back disability was rated at 10 percent prior to November 21, 2014. As of that date, the rating was increased to 20 percent.

The Board has determined that the Veteran's pre-existing obstructive sleep apnea was aggravated by his active duty service, and therefore grants service connection for this condition.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional medical examinations and development of records.

The Veteran's claims for service connection have been denied as there is no evidence of a relationship between his current conditions and military service, including exposure to herbicides.

The Veteran's lumbosacral strain with spondylosis of L5 is currently rated at 40 percent, reflecting the limitation of motion to forward flexion of 30 degrees or less.

The Veteran's lumbosacral corset likely caused wear and tear to her clothing, which is sufficient for the award of an annual clothing allowance.