Sleep apnea decisions — 2015

The Veteran's lumbosacral strain and degenerative disc disease have been rated at 40 percent since February 1, 2012. The Board finds that the current rating adequately reflects the severity of his disability.

The Veteran's obstructive sleep apnea is found to have originated during his active duty service, specifically the period of activated service in support of operations in Afghanistan between 2001 and 2002. The Board grants service connection for this condition.

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and medical opinions.

The Veteran's prostate condition and sleep apnea were not found to be related to his service, including herbicide exposure. The Board denied the claims for service connection.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a medical examination and opinion regarding the etiology of his current condition.

The Board has determined that the Veteran's service connection claim for retinitis pigmentosa is granted, as there is sufficient evidence to establish that his condition was incurred during active duty.

The Veteran's obstructive sleep apnea is found to have onset during active service or was caused by his military service, including as secondary to PTSD. The Veteran's left knee osteoarthritis is also granted service connection.

The Veteran's sleep apnea is found to be more likely than not incurred during service or as secondary to his service-connected PTSD.,Service connection for a cervical spine condition secondary to head injury remains pending.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and major depressive disorder, finding new and material evidence. The case is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to service, granting service connection for this condition.

The Board has remanded the case for issuance of a Statement of the Case (SOC) on the issue of entitlement to service connection for sleep apnea. The Veteran and his attorney must be advised of the time limit in which they may file a Substantive Appeal.

The Veteran's lumbosacral strain has been manifested by pain, with forward flexion limited to 85 degrees at worst and combined range of motion limited to 155 degrees at worst. The disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for further examination and opinion regarding service connection for a neurological disability, including peripheral neuropathy of the lower extremities and lumbosacral radiculopathy. The Veteran's claims are related to exposure in Vietnam but no evidence supports this claim. The examiner is asked to determine if any diagnosed conditions are related to his military service.

The Veteran's claims for service connection for bilateral hearing loss and sleep apnea have been reopened due to new evidence. However, both claims remain denied as there is no established link between the conditions and either active duty service or a service-connected condition.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to determine if the Veteran's sleep apnea is related to his military service.

The Board has reopened the Veteran's claim for service connection for lumbosacral degenerative disc and joint disease. The Veteran is now entitled to de novo review of his claim, which the Board finds in favor of him as he has presented evidence that raises a reasonable possibility of substantiating his claim. Additionally, the Veteran's claim for an acquired psychiatric disorder, including major depressive disorder (PTSD), was remanded due to the need for a VA examination.

The Board has decided to remand the case for further examination and evaluation of the Veteran's sleep disorder, including its relation to service. The Veteran is seeking service connection for a sleep disorder that may be related to his Gulf War service.

The Veteran's sleep apnea has been rated at 50 percent since April 21, 2009. The rating is based on the need for a CPAP machine to manage symptoms.

The Veteran's appeal is remanded due to the need for a videoconference hearing before the Board.

The Veteran's claims for service connection for a right knee condition and lumbosacral strain are being remanded due to the need for additional medical examination and development of records.