Sleep apnea decisions — 2016

The Veteran's claims for sleep apnea, BPH due to herbicide exposure, and gastrointestinal disability have been denied as there is no evidence of a current disability related to service or presumed herbicide exposure.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claims for service connection for sinus disorder, headache disorder (migraine headaches), sleep apnea, and pes planus of the right foot. As such, these claims remain denied.

The Veteran's appeal is being remanded for additional development, including obtaining a new VA examination to assess the severity of his service-connected hypothyroidism and whether it caused or aggravated his sleep apnea. The issue regarding reopening his claim for sleep apnea will also be addressed.

The Board denied the Veteran's claims for increased ratings and secondary service connection, finding no new and material evidence to reopen her previously denied claims.

The Board found that the Veteran's obstructive sleep apnea was not caused or aggravated by his service-connected parotidectomy disability, and thus denied the claim.

The Board has dismissed the appeal of the Veteran's claim for service connection for a lumbosacral spine strain, to include degenerative arthritis of the lumbar spine. The claims for service connection for dyslipidemia and bilateral hearing loss disability have been granted. However, the claim for hypertension (to include as secondary to IHD) has not been resolved.

The Veteran's claims are being remanded for additional development to obtain complete VA treatment records and SSA disability determination(s). The case will be readjudicated based on the additional evidence of record.

The Board has ordered additional development to address whether the Veteran's obstructive sleep apnea is related to service, including her history of trouble sleeping and symptoms such as loud snoring and gasping for air. The claim will be reconsidered after this development.

The Veteran's sleep apnea disability requires the use of a CPAP machine, meeting the criteria for a 50% rating under Diagnostic Code 6847. However, as service connection is granted on the basis of direct service connection and not secondary to another condition, an initial compensable rating cannot be granted.

The Veteran's claims for service connection for a lumbosacral spine disability and right wrist disability are being remanded due to outstanding private and VA treatment records, as well as the need for an addendum opinion from the September 2014 VA examiner.

The Board found that the Veteran's sleep apnea and left shoulder disability are not related to service, thus denying service connection for both conditions.

The Veteran's claims for increased disability ratings are being remanded due to the need for additional examinations and compliance with examination protocols.

The Veteran's acquired psychiatric disability, to include schizophrenia, is found to be aggravated by his service-connected degenerative disc disease and degenerative joint disease of the thoracolumbar spine. The Veteran's sleep apnea is found to have been caused by his service-connected acquired psychiatric disability.

The Veteran's lumbar spine disability was evaluated at a noncompensable (10%) rating from February 19, 2005 to February 21, 2012. The Board denied an initial evaluation in excess of 10% for the period.

The Veteran has withdrawn his appeals for all issues before the Board.

The Board has granted service connection for obstructive sleep apnea and a rating of 50 percent for migraine/tension headaches, effective from the date of receipt of the claim.

The Board has reopened the claims for left knee disability, tinnitus, and obstructive sleep apnea. The claim of bilateral hearing loss remains denied as new evidence does not show a current disability for VA purposes. The Veteran's eye condition (glaucoma) is also being remanded for further examination.

The Veteran's claims for service connection for obstructive sleep apnea, diabetes mellitus, and hypertension have been granted.,No ratings were increased or TDIU was granted.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected rhinitis and sinusitis, and thus grants service connection for this condition.