Sleep apnea decisions — 2015

The Veteran's claim for an initial disability rating in excess of 10 percent for her service-connected low back condition is being remanded due to the inadequacy of a previous VA examination and the need for updated treatment records.

The Veteran's acquired psychiatric disorder, including dysthymic disorder and PTSD, is granted service connection as it is related to his in-service experiences. Sleep apnea is also granted service connection as secondary to a service-connected disability.

The Veteran's lumbar strain disability is currently rated at 10 percent, the maximum schedular rating available. The Board finds that this rating adequately reflects the severity of his condition throughout the period on appeal.

The Board has ordered a remand to obtain an adequate medical opinion regarding the etiology of the Veteran's sleep apnea, specifically addressing his reported snoring during service and its relation to his later diagnosis.

The Veteran's claim for a higher disability rating for his service-connected low back disability is being remanded due to the inadequacy of an August 2013 VA examination report. The case will be returned to the Board for further action.

The Veteran's service-connected conditions do not render him unable to secure or follow substantially gainful employment, and therefore his claim for a TDIU is denied.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims for service connection for bilateral hearing loss, tinnitus, and sleep apnea. The VA will conduct a new examination and provide medical opinions regarding these conditions.

The Veteran's bilateral hearing loss has been rated as non-compensable, and the appeal for a higher rating is denied. The issues of service connection for PTSD, sleep apnea (secondary to PTSD), and eczema are pending.

The Veteran's TDIU claim is being remanded for further development, including obtaining VA treatment records and a new examination regarding his obstructive sleep apnea. Increased ratings are also being remanded for the Veteran's service-connected disabilities.

The Veteran's current obstructive sleep apnea is found to be related to events in active service, specifically his weight gain during that time.

The Veteran's lumbar spine disability is rated at 20% due to limitation of flexion, with no incapacitating episodes. The claim for service connection for deteriorated eyesight was not granted.

The Board has remanded the claims for additional development due to deficiencies in the previous VA examination and opinion.

The Board has determined that the Veteran's current diagnosis of sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining VA examinations and medical opinions to address the Veteran's right knee disorder, lumbosacral sprain, and chronic scrotal and inguinal pain.

The Board found that the Veteran's obstructive sleep apnea was not incurred or aggravated by his active service and denied his claim for service connection.

The Veteran's appeal involves multiple service-connected disabilities, including PTSD, migraine headaches, asthma, lumbosacral strain, right quadriceps strain, hemorrhoids, left bunion with pes planus, and other conditions. The claims are being remanded for additional development to determine the current severity of these conditions.

The Board finds that the Veteran's sleep apnea is not related to her service, but it could be proximately due to or aggravated by her service-connected fibromyalgia. The effective date for any grant of service connection will depend on when she first filed a claim for this condition.

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

The Veteran's lumbosacral strain is currently rated at 20 percent, and the claim for an increased rating has been denied.

The Board has granted service connection for PTSD, residuals of a TBI (memory loss), and obstructive sleep apnea. The Veteran's left buttock injury and refractive errors are not service-connected.