Sleep apnea decisions — 2016

The Board has granted service connection for GERD, IBS, and sleep apnea as secondary to the Veteran's service-connected maxillary sinusitis with right maxillary cysts and allergic rhinitis.

The Veteran's appeal is being remanded for additional development, including obtaining medical records from private providers and ensuring all relevant evidence has been considered.

The Board finds that the preponderance of evidence does not support a finding that the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD. Therefore, the claim for secondary service connection for sleep apnea to include as secondary to service-connected PTSD is denied.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by service and is not secondary to his service-connected hypertension. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development due to the submission of new evidence after a Supplemental Statement of the Case (SSOC) was issued in September 2015.

The Board has granted service connection for sleep apnea and increased ratings for the right shoulder disability and GERD. The Veteran's symptoms of daytime fatigue, trouble concentrating, and nighttime gasping for breath during service are considered credible evidence of onset.

The Veteran was previously denied a TDIU prior to September 5, 2012. The Board found that the service-connected disabilities did not prevent him from securing and following a substantially gainful occupation during this period.,Beginning September 5, 2012, the Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation, and the Board granted a TDIU at this time.

The Veteran has been diagnosed with various conditions, including atherosclerotic cardiovascular disease, type II diabetes mellitus, and erectile dysfunction. The Board finds that these diagnoses are related to his service due to the presumption of herbicide exposure for veterans who served in Vietnam.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea and a need for further examination.

The Veteran's claim for service connection for major depressive disorder with anxiety disorder and cannabis dependence (in remission) associated with lumbosacral strain, with degenerative arthritis of the spine and intervertebral disc syndrome was denied as there is no objective evidence that a formal or informal claim seeking this benefit was received by VA prior to November 29, 2011.

The Board has determined that the Veteran's current hip disorders, including arthritis, are not related to his military service and thus cannot be granted service connection.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not incurred during his active service, and therefore grants service connection for this condition.

The Veteran has been rendered unable to maintain substantially gainful employment as a result of service-connected disabilities from June 26, 2012.

The Board has remanded the case due to a need for additional development and consideration of whether the Veteran's sleep apnea is related to his service-connected major depressive disorder.

The Veteran's service-connected bronchial asthma with obstructive sleep apnea and GERD are rated at the maximum available under VA's rating schedule, and he is not found unemployable due to these conditions.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his service in Iraq, and therefore grants service connection for this condition.

The Board finds that the Veteran's service-connected recurrent left inguinal hernia caused or aggravated his current left hip degenerative joint disease, lumbosacral spine disability, and neuropathy of the lumbosacral spine.

The Board has remanded the case for further proceedings consistent with a Memorandum Decision from the Court, including referral of the TDIU issue to the VA Under Secretary for Benefits or the VA Director of Compensation and Pension Service under 38 C.F.R. § 4.16(b).

The Veteran's sleep apnea is found to be related to his service-connected PTSD, and the Board grants service connection for this condition.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for fibromyalgia of the bilateral legs. The claims for ischemic heart disease, coronary artery disease, acid reflux disorder, diabetes mellitus, headaches, and sleep apnea have also been denied as there is no current diagnosis or link to service.