Sleep apnea decisions — 2015

The RO denied the Veteran's claim for service connection for sleep apnea and discontinued her separate rating of 10 percent for irritable colon syndrome, finding that there was CUE in the September 2010 decision. The RO also did not certify this issue to the Board.

The Veteran's claims for increased ratings for lumbosacral strain and neurological manifestations of the left and right lower extremities are being remanded due to the need for additional examinations and development.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and scheduling a VA examination to address the relationship between his service-connected conditions and asbestos exposure.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations to evaluate his service-connected asthma and bilateral retinitis pigmentosa. The issues of increased ratings for these conditions are on appeal.

The Board has granted service connection for obstructive sleep apnea, left heel spur, and right heel spur. The Veteran's current conditions are found to be related to his active duty service.

The Board has reopened the Veteran's claim of service connection for a disability manifested by sleep disturbance (claimed as obstructive sleep apnea) due to new and material evidence received since the January 1999 rating decision. The Veteran now has objective medical indications of a current diagnosis of obstructive sleep apnea, which may be related to his military service.

The Board has reopened the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine and related cervical and thoracic spines. The case is remanded to schedule a VA examination and readjudicate the claims.

The Board has determined that the Veteran's sleep apnea was not present during service, is not otherwise related to service, and is not secondary to a service-connected disability. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's service-connected low back disability is not productive of limitation of flexion to 60 degrees or less, a combined range of motion of the thoracolumbar spine not greater than 120 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, ankylosis of any kind, neurologic impairment, or incapacitating episodes having a total duration of at least two weeks but less than four weeks during the past twelve months. As such, the criteria for an evaluation in excess of 10 percent have not been met.

The Veteran's lumbosacral strain was rated at 40 percent effective June 7, 2011. Effective April 15, 2008, he is also service-connected for peripheral neuropathy of the right and left lower extremities.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) originated during his active naval service and granted service connection for OSA.

The Board finds that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected deviated nasal septum with resultant septo-rhinoplasty and allergic rhinitis, and grants service connection for this condition.

The Board has determined that the April 2012 rating decision is deficient and requires additional development, including obtaining medical records, contacting the Veteran for outstanding evidence, and providing a VA examination to address the Veteran's claims.

The Board denied the Veteran's claims for increased ratings for PTSD, right knee displacement, and lumbosacral strain. The Veteran was also not granted a TDIU due to lack of service connection.

The Veteran's sleep apnea is not related to active service or his service-connected PTSD, and the Board finds that he cannot establish a secondary relationship between his sleep apnea and his service-connected PTSD.

The Veteran's diabetes mellitus, sleep apnea, and traumatic brain injury have been granted service connection as secondary to his service-connected anxiety disorder and lightheadedness.,Service connection for these conditions is based on the evidence showing that they were caused by or aggravated by his service-connected anxiety disorder and lightheadedness.

The Board found that the Veteran's sleep apnea did not begin in service and is unrelated to his military service, thus denying his claim for service connection.

The Board has found that the Veteran's obstructive sleep apnea is related to service and granted her claim for service connection.

The Board found that the Veteran's current low back disorders are not related to his active military service.

The Veteran's right wrist disability is rated at 10 percent prior to July 18, 2011. The appeal for increased ratings and service connection claims are addressed in the REMAND portion of the decision.