Sleep apnea decisions — 2016

The Veteran's claim for service connection for chronic lumbosacral strain with mild degenerative arthritis L5/S1 is being remanded due to the need for a new VA examination and opinion regarding the etiology of his back disability.

The Veteran's claims for increased PTSD rating, TDIU, and diabetes mellitus are being remanded due to the need for additional development. The Veteran also has pending issues regarding sleep apnea and a reduction in his coronary artery disease disability rating.

The Board has determined that a remand is necessary to obtain updated VA and private treatment records, provide an addendum opinion from the July 2014 examiner, and consider the Veteran's lay statements regarding his symptoms and exposure during service.

The Veteran's service-connected migraines and sleep apnea have rendered him unable to secure or follow a substantially gainful occupation, leading to the grant of Total Disability based on Individual Unemployability (TDIU) prior to March 15, 2013. The Veteran's migraine headaches are rated at the highest possible schedular rating.

The Board has remanded the Veteran's claims for further development, including obtaining a nexus opinion regarding the claimed residuals of a fractured nose and sleep apnea. The issues are related to service connection for these conditions.

The Veteran's appeal is being remanded for further development, including scheduling a video hearing closer to his home address in Marion, Illinois.

The Board has determined that a remand is necessary to obtain additional medical opinions and potentially obtain additional treatment records. The Veteran's obstructive sleep apnea will be reviewed again in light of the new evidence.

The Board has remanded the case for further development, including consideration of an extraschedular rating and a TDIU rating on an extraschedular basis.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that the evidence is at least in equipoise as to whether his condition began during active duty.

The Veteran's appeal is being remanded due to the unavailability of a hearing officer who participated in his previous hearing. The case will be returned for further review.

The Board has determined that the evidence is in relative equipoise as to whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD, and thus grants service connection for this condition on a secondary basis.

The Board has restored the previous disability ratings for the Veteran's right knee conditions, finding that his disabilities had not improved in a manner that enhanced his ability to function under ordinary conditions of life and work.

The Veteran's postgastrectomy syndrome has been productive of moderate impairment, including persistent recurrent epigastric distress and weight loss. His PTSD with depression and sleep impairment has resulted in occupational and social impairment commensurate with deficiencies in most areas, but not total impairment.

The Veteran's sleep apnea, headaches, and hypertension are found to be related to his service-connected PTSD. The claims for these conditions are therefore granted.

The Board has determined that the Veteran's sleep apnea had its onset during his active service and grants service connection for this condition.

The Board has remanded the case for further development, including obtaining VA treatment records and a supplemental opinion from an examiner regarding whether the Veteran's service-connected sinusitis caused or aggravated his sleep apnea.

The Board found that the Veteran's sleep apnea is not service-connected, as there was no evidence of symptoms during service and a significant gap between discharge and diagnosis. The examiner also noted that the Veteran did not report any difficulty sleeping on his separation examination or subsequent military examinations.

The Veteran's submucosal uterine fibroids have not resulted in symptoms that require continuous treatment, thus preventing a rating higher than 10 percent.,For the lumbar spine disability, prior to March 18, 2014, the evidence does not support a finding of forward flexion limited to 60 degrees or less, or combined range of motion greater than 120 degrees. On and after March 18, 2014, the Veteran's disability is manifested by limitation of motion but no ankylosis.

The Board has granted service connection for a deviated nasal septum, cervical spine disability, and obstructive sleep apnea. The Veteran's conditions are found to be related to his military service.

All issues related to service connection have been granted. The Veteran's cluster headaches are rated at 50% effective October 1, 2010.