Sleep apnea decisions — 2015

The Board found that the Veteran's current sleep apnea disability is not related to his military service and denied the claim.

The Veteran is seeking service connection for a sleep disorder, specifically obstructive sleep apnea, which he claims is related to his service-connected diabetes mellitus. The case has been remanded due to the submission of additional evidence and the need for AOJ review.

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

The Board has determined that the Veteran's tinnitus and sleep apnea are related to service, with tinnitus being linked to noise exposure during active duty and sleep apnea being linked to his service-connected depressive disorder. As such, both conditions have been granted service connection.

The Board has determined that a VA examination is needed to determine the nature and etiology of any right hand and low back disabilities present, as well as whether they began during or are causally related to service. The Veteran's lay testimony regarding in-service injuries will be considered.

The Board has denied the Veteran's claims for service connection for left ankle and lumbosacral spine disabilities, finding that there is no evidence of a current disability related to service.

The Veteran's service connection claims for obstructive sleep apnea and Adie's tonic syndrome of the right eye are granted. The dental disorder claim is denied as it does not meet the criteria for compensation purposes. A TDIU is also granted.

The Veteran's appeal is being remanded for additional development, including new VA examinations to assess the severity of his service-connected lumbosacral strain and hypertrophic gastritis.

The Veteran's claim for an educational assistance benefits rate in excess of 60 percent under the post-9/11 GI Bill is denied as her only qualifying active duty service was less than 18 months and did not meet the criteria for a higher rating.

The Veteran's PTSD is manifested by symptoms such as occupational and social impairment with reduced reliability and productivity due to flattened affect, panic attacks, impaired judgment, disturbances of motivation and mood, and difficulty in establishing and maintaining effective work and social relationships. The Veteran's hypertension, sleep apnea, and TBI are etiologically related to his active duty service.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The issue of an increased rating for PTSD remains on appeal.

The Veteran's appeal is remanded to determine if service connection for cervical/thoracic spine and carpal tunnel syndrome disabilities should be granted, as these conditions may impact her TDIU claim. The RO must also obtain VA medical opinions regarding the severity of her service-connected disabilities and their impact on employment.

The Veteran's DDD and lumbosacral stenosis are currently rated at 20 percent, the maximum schedular rating available for this condition. The Board finds that a higher rating is not warranted as his disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Board has granted service connection for sleep apnea, but the claims to reopen service connection for bilateral hearing loss and tinnitus were withdrawn during the appeal process.

The Board has denied the Veteran's claims for service connection for sleep apnea, lung nodules, and an acquired psychiatric disorder to include PTSD, depression, and generalized anxiety disorder. The claim for residuals of a cerebrovascular accident is remanded.

The Board has determined that the Veteran does not have current diagnoses of a neck disorder or sleep apnea related to his military service, and therefore, denied his claims for service connection.

The Veteran's service-connected lumbar strain, including DDD and spondylosis at multiple levels, was granted with various schedular ratings from October 1, 2002 to August 1, 2010. The case also addressed a temporary total disability rating based on surgical treatment.

The Board has determined that the Veteran's current low back disability, including degenerative joint disease of the lumbosacral spine, L4-L5, is related to a fall on the obstacle course during service and grants service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not related to his service, and thus grants his claim for service connection.

The Board has granted the Veteran's claim of entitlement to service connection for sleep apnea, finding that the weight of the competent evidence is at least in equipoise as to whether the Veteran has sleep apnea as a result of active military service.