Sleep apnea decisions — 2016

The Board has remanded the case for a videoconference hearing due to the judge who conducted the previous hearing no longer being available.

The Board has determined that the Veteran's current sleep apnea disability did not have its onset in active service and is not due to injury or disease incurred in active service. As such, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for an addendum opinion to address whether his sleep disorder, including obstructive sleep apnea and upper airway resistance syndrome, was caused or aggravated by his service-connected orthopedic disabilities. Additionally, the Board will determine if there is clear and unmistakable evidence that his preexisting sleep disorder was not permanently worsened during his periods of active duty.

The Board has determined that the Veteran's current obstructive sleep apnea was likely incurred during his active service. The claim for service connection for erectile dysfunction, depression disability, left ventricular hypertrophy disability, and hypertension disabilities is granted.

The Veteran's service-connected disabilities have been rated based on their direct effects, with a rating of 20 percent for the cervical spine disability. The other conditions are not rated separately as they are considered part of the overall cervical spine disability.

The Board has remanded the Veteran's claims due to incomplete service records and further development is needed.

The Board has determined that the Veteran's asthma and sleep apnea are not related to his military service, and thus denied both claims for service connection.

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

The Veteran's appeal has been dismissed as he withdrew his appeal in a February 2016 statement.

The Board has determined that the Veteran's sleep apnea is not related to his military service and is not due to or aggravated by his service-connected PTSD.

The Veteran's claim for service connection for a sleep disorder, diagnosed as obstructive sleep apnea, is being remanded due to the need for clarification from the VA examiner regarding whether his sleep apnea is related to his service-connected lumbar spine disability and/or hypertension.

The Veteran's current sleep apnea is found to have started during active service and is granted as service-connected.,There is no evidence of a chronic knee disability in service, and the Veteran does not meet the criteria for service connection based on continuity of symptomatology. The claim for bilateral knee disability is denied.,The Veteran's acquired psychiatric disability (to include PTSD) is found to be unrelated to active service.

The Veteran's appeal is being remanded for a videoconference hearing and an examination of his low back disability. The issues of service connection for sleep apnea, prostate disability, and erectile dysfunction are also being addressed.

The Veteran's OSA and hypertension were not shown to be related to her active service or service-connected PTSD. The Board found no evidence of a current disability, in-service disease or injury, or link between the conditions and service.

The Board has determined that the Veteran's obstructive sleep apnea was not present during her period of active duty or for several years thereafter, and the preponderance of evidence fails to establish a relationship between her current condition and service.

The Veteran's claim for service connection for obstructive sleep apnea was granted effective July 27, 2000. The claims for higher ratings for coronary artery disease and special monthly compensation at the housebound rate were denied as there was no increase in severity prior to April 1, 2011.,The Veteran's claim for service connection for diabetes mellitus was not granted. His current rating of 50 percent for obstructive sleep apnea is the maximum available under VA's rating schedule.

The case is being remanded for further development, including a VA examination and a videoconference hearing.

The Board has determined that the Veteran's claimed conditions are not service-connected, with no evidence of onset during active service or within one year post-service. The claims for service connection have been denied.

The Veteran's service-connected obstructive sleep apnea requires the use of a breathing assistance device such as a continuous airway pressure (CPAP) machine, but does not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale and does not require a tracheostomy. The criteria for an initial disability rating in excess of 50 percent have not been met.

The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD and depressive disorder, is denied as there is no evidence of a nexus between his current psychiatric symptoms and his military service.