Sleep apnea decisions — 2015

The Veteran's lumbar spine disability was rated at 0 percent prior to August 19, 2009. The evidence does not show any limitation of motion or other compensable symptoms during this period.

The Veteran's lumbosacral strain disability was rated at 10 percent prior to March 2, 2007 and increased to 20 percent effective from that date. The Board found the current rating of 20 percent is appropriate.

The Board finds that the Veteran's sleep apnea is not related to his military service and is unrelated to a service-connected disability. Therefore, he does not meet the criteria for service connection.

The Veteran's current obstructive sleep apnea disability is not caused by or permanently worsened by his service-connected right shoulder, right ankle, and duodenitis disabilities.

The Veteran's insomnia is already considered in his service-connected PTSD rating, so he cannot be granted separate service connection for this condition.,There is no evidence to support a finding that the Veteran's OSA was caused or aggravated by any service-connected disability. Therefore, service connection for OSA is denied.

The Veteran's lumbosacral spine strain is currently rated at 20 percent, effective from September 30, 2008. The Board has granted service connection for major depression and adjustment disorder under the theory of new and material evidence.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated during active service and is not proximately due to or aggravated by any service-connected disability.

The Board has remanded the case due to a technical malfunction during a previous hearing, and the Veteran requested another videoconference hearing. The appeal is now pending for further action.

The Board has reopened the claim for service connection of sleep apnea and granted it, finding that there is sufficient evidence to establish a link between the current disability and in-service injury.

The Board has denied the Veteran's claims of service connection for hepatitis B, hypertension, and sleep apnea. The Veteran was not diagnosed with any of these conditions during his active duty or post-service period.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions regarding its etiology and whether it is aggravated by his service-connected Graves' Disease.

The Board denied the Veteran's claims for increased ratings for his service-connected low back strain, bilateral knee disability, and obstructive sleep apnea. The claim for an increased rating for low back strain was denied as it did not meet the criteria for a higher rating.

The Veteran's claims for service connection for type 2 diabetes mellitus, lung nodules, obstructive sleep apnea, and abnormal creatinine are denied as there is no evidence of a chronic disability or a nexus to service.

The Veteran's service connection claim for hemorrhoids was granted. The Board also found that the Veteran's lumbosacral degenerative disc disease warranted a 10% evaluation since August 4, 2008.

The Veteran has withdrawn his appeals for sleep apnea, increased evaluation of PTSD with depression prior to September 14, 2012, and TDIU benefits prior to September 14, 2012.

The Veteran's appeals have been dismissed as he has requested to withdraw all pending appeals.

The Board has remanded the case for additional development, including obtaining medical records and providing an addendum opinion regarding the nature and etiology of the Veteran's service-connected conditions.

The Veteran's sleep disorder, diagnosed as sleep apnea, is related to his military service and the Board has granted service connection for this condition.

The Board has noted that additional evidence was submitted during a July 2014 Travel Board hearing and has requested its association with the electronic claims file. The Veteran's claim for increased ratings for lumbosacral strain and headaches, as well as his request to connect tuberculosis residuals to service, is being remanded for further action.

The Board found that the Veteran's current sleep apnea is not related to his active service, as there was no evidence of symptoms or diagnosis during service and the most likely cause of his condition is post-service weight gain.