Sleep apnea decisions — 2015

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for right knee pain. Additionally, the Board finds that sleep apnea is related to his service-connected major depressive disorder.

The Board found that the Veteran's obstructive sleep apnea is not aggravated by his service-connected sinusitis and allergic rhinitis, as evidenced by a VA medical examination report indicating improvement in the condition over time.

The Board has reopened the Veteran's previously denied claims for bilateral hearing loss and obstructive sleep apnea, finding that new and material evidence has been received to support these claims.

The Veteran's DJD of the lumbosacral spine was initially rated at 10 percent prior to August 7, 2010. A compensable rating (10 percent) for migraine headaches has been granted.

The Veteran's tinnitus is service-connected and rated at the maximum allowable under VA regulations. The Board also granted a higher rating for his anxiety disorder, but denied other claims including those for sleep apnea and arthritis.

The Board has determined that further development is needed for the Veteran's lumbar strain claim, including obtaining additional medical records and scheduling a VA examination to assess the current level of severity of his disability.

The Veteran's TDIU claim was granted. The remaining issues on appeal were dismissed due to the Veteran's withdrawal of his appeals.

The Board has granted the petitions to reopen claims for service connection for skin rash, sleep disorder (sleep apnea), and umbilical hernia. The Veteran's conditions are believed to be related to his Gulf War era service exposure to burn pits.

The Veteran has withdrawn his appeal for service connection of obstructive sleep apnea.

The Veteran's claim for a higher rating for lumbosacral strain was denied, and his TDIU claim is pending. The current rating of 40% for lumbosacral strain remains unchanged.

The Board has determined that the Veteran's sleep apnea is not related to his military service, including due to any in-service exposure to carcinogens. The preponderance of evidence does not support a finding of service connection for sleep apnea.

The Veteran's service-connected disabilities have resulted in the loss of use of one or both lower extremities, precluding locomotion without the aid of braces, crutches, canes or a wheelchair. The Board has granted entitlement to specially adapted housing.

The Veteran's low back disability was granted a 20 percent evaluation effective August 28, 2003. The claim for increased ratings for his left and right lower extremity radiculopathy remains pending.

The Veteran is seeking service connection for sleep apnea, which he claims was caused or aggravated by his service-connected PTSD. The Board has decided to remand the case due to conflicting medical opinions and new evidence submitted by the Veteran.

The Veteran's appeal for service connection for a psychiatric disability, obstructive sleep apnea (OSA), and temporomandibular joint dysfunction (TMJ) has been withdrawn prior to the Board's decision.

The Veteran's appeal is granted, with service connection for tinnitus established. The other issues remain on appeal.

The Board has determined that the Veteran's sleep apnea did not manifest during or as a result of military service and is therefore denied.

The Board denied service connection for hypertension, a chronic respiratory disorder claimed as recurrent infections and bronchitis, and a sleep disorder claimed as chronic insomnia and sleep apnea. The Veteran's claims were based on direct service incurrence.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service, including any exposure to chemicals and biological substances in the Persian Gulf.