Sleep apnea decisions — 2015

The Veteran's chronic sleep impairment is associated with his service-connected PTSD. Service connection for a sleep disorder due to PTSD, including the chronic sleep impairment, is granted.

The Veteran's GERD was rated at 10 percent prior to December 3, 2010 and increased to 30 percent effective from that date. The criteria for a higher rating are not met.,For lumbosacral strain, the Veteran received a 10 percent rating prior to December 3, 2010 and a 20 percent rating effective from that date. The criteria for a higher rating are not met.,The Veteran's postoperative residuals of a stress fracture of the right ankle were rated at 20 percent since July 1, 2007. The criteria for a higher rating are not met.

The appeal has been withdrawn by the appellant through his/her authorized representative.

The Veteran is seeking an increased rating for his service-connected lumbosacral strain. The case has been REMANDED due to the need for a new VA examination and consideration of additional evidence.

The Board has remanded the case for further development due to issues related to service connection for various conditions, including a low back disorder. The Veteran's claims are currently under review.

The Veteran's appeal is being remanded for the RO to consider evidence submitted since the most recent Supplemental Statement of the Case and obtain VA treatment records, Social Security Administration records, and the May 2010 rating decision. The matter will be readjudicated with consideration of all pertinent evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, providing the Veteran with an opportunity to submit medical opinions regarding his respiratory disorders, and scheduling a VA examination.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a spine examination to determine the current severity of his service-connected lumbar strain.

The Board has determined that the Veteran's current lumbosacral DDD is as likely as not traceable to his active duty service, and therefore grants service connection for this condition.

The Veteran's appeal is being remanded for a new VA examination to determine the etiology of his sleep apnea, which he claims is secondary to his service-connected allergic rhinitis.

The Veteran's PTSD has been rated at the highest available rating (70%) and he is found to be unemployable due to his service-connected disabilities.

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

The Board has denied the Veteran's claims for service connection for sleep apnea, varicose veins, and shingles. The claim for service connection for a psychiatric disorder to include PTSD is remanded.

The Veteran's appeal is remanded due to insufficient clarification of the symptomatology of his sleep apnea prior and after aggravation by his deviated nasal septum, as well as a request for outpatient treatment records from Brooke Army Medical Center dating back to 1984.

The Veteran's postoperative nasal fracture is found to have been incurred in service, and he is granted service connection for this condition. The Board also finds that his obstructive sleep apnea (OSA) is at least as likely as not caused by or aggravated by his service-connected postoperative nasal fracture. Service connection for gastroesophageal reflux disease (GERD) is denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the nature and etiology of his sleep apnea. Additionally, an increased evaluation for diabetes mellitus, type II must be addressed.

The Board has granted service connection for chronic lumbosacral strain, degenerative disc disease of the cervical spine, fibromyalgia, chronic right shoulder strain, chronic left shoulder strain, and right upper extremity neuritis, all effective September 1, 2009.

The Veteran's bilateral leg disorder is found to be secondary to his service-connected lumbosacral spine degenerative disc disease. His current rating for the lumbosacral spine disability remains at 40 percent.

The Board has granted the Veteran's petitions to reopen his claims for service connection for sleep apnea, left foot disability, and right foot disability. Service connection is established for these conditions on a secondary basis due to their relationship with his service-connected low back disability.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, multiple sclerosis, and sleep apnea as these conditions were not incurred or aggravated during his period of active duty from October 1966 to February 1967. The Veteran's National Guard service was considered ACDUTRA and did not qualify him for VA benefits.