Sleep apnea decisions — 2015

The Board found that the Veteran's current sleep disability, including obstructive sleep apnea and insomnia, did not manifest during service and is not attributable to service.

The Veteran's appeal is being remanded for further development, including obtaining his Vocational Rehabilitation file and scheduling him for a VA examination to assess the severity of his lumbosacral intervertebral disc syndrome.

The Veteran's left leg sciatica has been manifested by no more than mild incomplete paralysis, which is consistent with the currently assigned 10 percent rating. The Board finds that the schedular evaluation adequately contemplates his disability picture and does not warrant an extraschedular rating.

The Veteran has withdrawn his appeals for service connection for sleep apnea and a higher rating for low back disability. As such, the cases are dismissed.

The Veteran's skin disorder (rash) had its onset during service and continues to the present day. The Board finds that service connection is warranted for this condition.

The Veteran's sleep apnea is found to be related to his active duty service, and the Board grants entitlement to service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the nature and etiology of his sleep apnea.

The Veteran's service-connected residuals, post-operative left ankle fracture and lumbosacral strain have been rated at the maximum available rating of 20 percent for each condition. The Board finds that these ratings are appropriate based on the evidence showing marked limitation of motion in the left ankle and painful motion with guarding not resulting in abnormal gait or spinal contour.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar strain was not found to warrant a higher rating, while the lumbosacral degenerative disc disease with L5-S1 spondylolisthesis met criteria for a 40 percent rating from January 30, 2009. The lower extremity radiculopathy did not meet criteria for any increased ratings.

The Veteran's claim for an annual clothing allowance was denied because the back brace used for his service-connected lumbosacral strain did not tend to wear or tear his clothing, as it was worn improperly and without its rigid insert.

The Veteran's service connection claim for a recurrent sleep disorder to include obstructive sleep apnea was denied as the evidence did not establish that his OSA is related to his active service or any other condition.

The Board found that the Veteran's sleep apnea is not related to his active service or any incident therein.

The Veteran's appeal is being remanded for additional development to obtain outstanding medical records and to schedule VA examinations to determine the current severity of his PTSD with depression and low back disability.

The Board has denied the Veteran's claims for service connection for GERD, IBS, and sleep apnea as secondary to his service-connected disabilities other than Parkinson's disease, PTSD, and DM.

The Veteran's claim for a higher rating for lumbosacral strain prior to February 22, 2012 is being remanded due to the need for additional development and an addendum VA examination.

The Board has remanded the Veteran's claim for a secondary service connection for sleep apnea due to his major depressive disorder, knee problems, and fibromyalgia. The VA examiner needs to provide an opinion regarding whether these conditions caused or aggravated the Veteran's sleep apnea.

The Veteran's bilateral leg disability and OSA were not incurred or aggravated during service, and there is no evidence of continuity of symptomatology. The Board finds that the preponderance of the evidence is against these claims.,Service connection for a cervical spine strain has been denied as there is no medical evidence showing an in-service injury or disease.

The Board has determined that the Veteran does not have sleep apnea due to his active duty service, and therefore denied the claim for service connection.

The Veteran's sleep disorder is attributed to obstructive sleep apnea, a diagnosed condition. The Board finds that the evidence does not support service connection for this condition.

The Board found no evidence of a direct connection between the Veteran's current sleep apnea and deviated nasal septum diagnoses and his military service, including any alleged injuries incurred therein. The claims for these conditions were therefore denied.