Sleep apnea decisions — 2015

The Veteran's claim of service connection for PTSD was denied in May 2007 and is not reopened. The Veteran's lumbosacral spine disability, headaches, and associated radiculopathy are rated at the maximum allowable under VA regulations.

The Board has determined that the VA examination is inadequate and requires additional clarification on whether the Veteran's obstructive sleep apnea is related to service or secondary to his service-connected PTSD with major depressive disorder.

The Board found that the Veteran's current sleep apnea is not related to service and denied his claim for service connection.

The Veteran's lumbosacral strain, with L2 deformity, was found to warrant a 10 percent rating based on the schedular criteria. The extraschedular consideration did not result in an increased rating.

The Board has remanded the case for further development, including consideration of an extraschedular evaluation and a TDIU claim. The Veteran's service-connected low back disability is at issue.

The Board has denied the Veteran's claims for service connection for right wrist arthritis, diabetes mellitus type II, sleep apnea, and bilateral elbow bursitis. The Veteran does not have a diagnosed right wrist condition.

The Veteran's sleep apnea and left ear hearing loss are related to his active military service.

The Veteran's hypertension is found to have been incurred during his active duty from July 2008 to October 2009. Service connection for insomnia is granted as it is secondary to service-connected PTSD and sleep apnea.

The Veteran's death was not caused by a service-connected disability, and the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's sleep apnea was aggravated by his service-connected disabilities, and thus grants service connection for this condition. However, there is no evidence of hypertension during or contemporary to the appeal period, so service connection for hypertension is denied.

The Board has determined that a rating of 20 percent for lumbosacral strain is warranted since October 27, 2014. The Veteran's disability resulted in painful motion causing limitation of flexion to 60 degrees and functional losses more equivalent to the 20 percent rating.

The Board has remanded the cases for issuance of a statement of the case on whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea and the issue of entitlement to service connection for a neck disability.

The Veteran's claim for service connection for a sleeping and respiratory disorder was reopened, with the grant of service connection for sleep apnea as secondary to PTSD.,The Veteran is currently rated at 50 percent for PTSD with MDD. The issue of entitlement to an increased rating remains pending.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's sleep apnea and bilateral hearing loss, as well as to ensure proper consideration of all relevant evidence.

The Veteran's claim for compensation benefits under 38 U.S.C. § 1151 was denied because the additional disabilities he developed were not caused by VA's negligence or fault.

The Veteran's burn scars are rated at 10 percent, and his migraine headaches have been increased to 30 percent. The Board denied service connection for the remaining conditions.

The Board is remanding the case for a new VA examination to determine if the Veteran's service-connected PTSD with depression and alcohol abuse caused or aggravated his sleep apnea, including whether his unwillingness to use his CPAP machine due to claustrophobia has aggravated his sleep apnea.

The Veteran's claim for separate ratings for sleep apnea and bronchial asthma was denied as the disability is rated under a single diagnostic code, with no authorization for separate evaluations.

The Veteran's cervical and lumbosacral spine disabilities have been rated at 10 percent each, with no higher ratings granted. The claims for secondary service connection were also denied.