Sleep apnea decisions — 2015

The Veteran's right shoulder disability was reduced from 40 percent to 10 percent, effective November 1, 2008. The increased evaluation for the right shoulder is granted.,The Veteran's endometriosis claim has been reopened and service connection is granted.,The Veteran's hypertension, gastrointestinal disability, sleep disorder, vision disorder, and respiratory disability are not service-connected.,The Veteran meets criteria for a TDIU based on her service-connected disabilities.

The Veteran's asthma, sleep apnea, and neurologic disorders of the right upper and lower extremities have been granted service connection. However, her arthritis of the right knee and psychiatric disorder (claimed as depression) remain denied.

The Veteran's lumbosacral strain with arthritis and degenerative disc disease was rated at 20 percent prior to July 12, 2012, and remains at that rating thereafter. The Board also granted a TDIU based on the combined service-connected disabilities.

The Board has determined that the Veteran's diabetes mellitus and sleep apnea are at least in part due to his service, while bilateral plantar fasciitis is not related to any of his periods of active duty service.

The Veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative joint and disc disease of the lumbar spine is being remanded due to outstanding treatment records and a need for a more recent VA examination.

The Veteran's claims for increased ratings and service connection were partially granted. He was awarded a 20% rating for his chronic lumbosacral strain since April 19, 2013, but the issues of service connection for bilateral foot pain are still pending.

The Veteran's appeal is being remanded for a Travel Board or videoconference hearing.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine if the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected PTSD.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that his current diagnosis did not manifest during service and is not otherwise related to a disease or injury in active service.

The Board has determined that the Veteran's sleep apnea had its onset during active service and is therefore granted service connection.

The Veteran's lumbar spine disability is rated at 40 percent, and a separate rating for left lower extremity weakness is granted. The Board finds no basis to grant higher ratings under the schedular criteria.

The Board has remanded the issues of service connection for sleep apnea and left foot disorder to obtain additional medical opinions and development. The Veteran's claims are currently pending.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during service and is not related to any injury or disease incurred in service. As a result, the claim for service connection for obstructive sleep apnea is denied.

The Board has determined that the Veteran's current sleep apnea is related to his active service, and thus grants service connection for this condition.

The Board has granted service connection for chronic fatigue syndrome as due to an undiagnosed illness, effective March 1, 2002. The Veteran's claim for a higher disability rating for fibromyalgia was denied in July 2008 and the effective date of this award is set at August 27, 2007.

The Board found that the Veteran's current lumbosacral degenerative disc disease and arthritis did not have their onset in service, nor are they related to any in-service injury or event. The claim for direct service connection was denied.

The Veteran's appeal is being remanded to obtain additional service treatment records and VA treatment records, as well as to schedule the Veteran for a VA audiology and psychiatric examination. The claims will be re-adjudicated after these actions.

The Veteran's appeal is being remanded for additional development to verify his periods of service and obtain medical opinions regarding the etiology of his claimed disabilities.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability.

The Board denied service connection for Obstructive Sleep Apnea and Hypertension, as these conditions did not have their onset during active military service or within a year of discharge. The Veteran's OSA and hypertension were also not found to be permanently worsened by his service-connected left foot disability.