Sleep apnea decisions — 2015

The Board denied the Veteran's claims of service connection for lumbar spine disability, sleep apnea, GERD, migraine headaches, and bilateral hearing loss. The reasons provided were that there was no confirmed diagnosis of these conditions in service or since service separation, and continuity of symptoms since service could not be established.

The Board has determined that the Veteran's sleep apnea did not begin during his military service and is not otherwise related to his active duty service. The Veteran's claim for service connection for a psychiatric disorder, including PTSD, was denied as well.

The Veteran's service-connected PTSD has rendered him unable to secure and maintain substantially gainful employment, thus meeting the criteria for a TDIU.

The Board has determined that the Veteran's obstructive sleep apnea is related to service and grants service connection for this condition.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for obstructive sleep apnea, including as secondary to his service-connected PTSD. The case will be remanded for further action.

The Board has determined that the Veteran's conditions, including joint and limb pain, chest pain, prostate cancer, and lichenoid rash of various body parts, are presumptively related to herbicide exposure during service. The Veteran's left wrist condition is also presumed to be due to herbicide exposure.

The Veteran is seeking service connection for obstructive sleep apnea, which was diagnosed in October 2011. The VA examiner concluded that the OSA is not due to any of his service-connected disabilities or medications taken for these conditions. However, further medical opinions are needed based on recent articles submitted by the Veteran.

The Board has remanded the case to consider whether an extraschedular rating is warranted for lumbosacral strain and whether a TDIU effective date prior to March 31, 2003 should be established on an extraschedular basis. The Veteran's service-connected condition may warrant such considerations.

The Board has determined that the Veteran's sleep apnea had its onset during service and is related to his military service, granting service connection for this condition.

The Veteran seeks service connection for sleep apnea and heart disease. The Board has determined that a remand is necessary to obtain a VA medical opinion regarding the relationship between the Veteran's current conditions and his military service, including exposure to chemical fires and smoke during service in Southwest Asia. Additionally, the Board must prepare a SOC on the issue of entitlement to service connection for heart disease.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and requesting an addendum opinion regarding the nature and etiology of any sinus disability and sleep apnea.

The Veteran's service-connected chronic lumbosacral strain is rated at 10 percent, effective October 1, 2013. The evidence does not show an improvement in the disability that would warrant a higher rating.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule him for a VA examination to determine the nature and etiology of his claimed sleep disorder, including obstructive sleep apnea.

The Veteran's degenerative disc disease of the lumbosacral spine has not resulted in ankylosis, and therefore does not meet the criteria for a higher evaluation.

The Board found that GERD was not incurred in or aggravated by service and denied the Veteran's claim for service connection.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new VA examination and consideration of his lay statements regarding symptoms during service.

The Board has remanded the Veteran's claims for additional development due to incomplete information and need for clarification of opinions.

The Veteran's appeal is remanded for a VA examination to address the causation or etiology of any current upper respiratory disabilities, including any sinus disorders and deviated septum. The examiner should also identify any disabilities caused by the deviated septum.

The Board has determined that the Veteran's pelvic floor dysfunction with nocturia and obstructive sleep apnea are related to his active duty service, resolving reasonable doubt in favor of the Veteran.

The Board denied service connection for headaches as a primary and separately manifested disability, finding that they are part of his service-connected sinusitis or obstructive sleep apnea disabilities. The rating for left ear hearing loss remains unchanged.