Sleep apnea decisions — 2015

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including sleep apnea and knee disabilities.

The Board denied the Veteran's claim for residuals of dislocated toes of the right foot in May 1983. The current decision denies reopening this claim.,Service connection for a back disability was not addressed, and the Veteran did not provide evidence to reopen his previous denial.

The Veteran's lumbar spine disorder, rated as 40 percent disabling from September 6, 2011, has been granted an increased rating.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and medical opinion to address the nature and likely etiology of her left knee disorder and sleep apnea.

The Board has reopened the previously denied claim of service connection for residuals of lumbosacral strain to include degenerative changes and granted it.

The Board has determined that the Veteran's currently diagnosed sleep apnea is proximately due to, or the result of, his service-connected disability of type 2 diabetes mellitus. As a result, the claim for secondary service connection for sleep apnea is granted.

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

The Board has determined that the Veteran's sleep disorder, including narcolepsy and sleep apnea, was not caused by her military service.

The Board has determined that the Veteran's PTSD is related to his reported stressor, which occurred during active duty and is consistent with his Purple Heart award. The claim for service connection for sleep apnea secondary to a service-connected disability is also granted.

The Board denied increased ratings for cervical spine mechanical strain, lumbosacral spine mechanical strain, left knee patellofemoral pain syndrome with musculoligamentous strain, right knee patellofemoral pain syndrome with musculoligamentous strain, and right shoulder tendonitis and bursitis. The Veteran's claim for service connection for a psychiatric disorder was denied as final due to lack of appeal within one year of notification.

The Board has granted service connection for tinnitus and sleep apnea, finding that the Veteran's current conditions are related to his active duty service. Service connection is denied for bilateral hearing loss, bilateral knee disorder, and low back disorder.

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

The Veteran's sleep apnea is being remanded for a VA examination to determine if it is related to his service-connected PTSD. The case will be returned to the Board after further development.

The Board has determined that the Veteran does not have a currently diagnosed respiratory disorder (other than sleep apnea) and therefore, service connection for this condition is denied. The claim for chronic angioedema was also considered but as it is not a respiratory condition, it cannot be adjudicated in conjunction with the respiratory disorder claim.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not incurred in or related to his military service and is not secondary to a service-connected disability. The Board also found no new and material evidence to reopen the previously denied claim.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his lumbosacral back strain and adjustment disorder with mixed disturbance of emotions and conduct.

The Veteran's claims for service connection for multiple joint pain, OSA, headaches, neck disability and right knee disability were denied as they are not related to service or any incident therein.

The Veteran's symptoms of loud snoring, frequent daytime sleepiness, and waking and gasping for air at night during service have been attributed to a current diagnosis of obstructive sleep apnea. The Board finds that the criteria for service connection are met.

The Veteran's TDIU claim is granted from August 6, 2007. The Board finds that his service-connected disabilities have rendered him unable to obtain and maintain substantially gainful employment.

The Veteran's TDIU claim is being remanded for further consideration, including extraschedular evaluation and referral to the Director of Compensation and Pension Services.