Sleep apnea decisions — 2016

The Board has remanded the Veteran's claims for service connection for residuals of a traumatic brain injury and sleep apnea due to potential malingering, lack of documentation in service records, and need for additional development including obtaining unit records and providing new VA etiology opinions.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service, including presumed herbicide exposure during service. The Board also found that it is less likely than not caused by or permanently worsened beyond its natural progression by service-connected PTSD.

The Veteran's appeal has been dismissed as the appellant and his representative have withdrawn their appeal.

The Veteran's current sleep apnea disability began during service and the Board finds that it is at least as likely as not related to his military service.

The Board has remanded the case for further development to address issues of service connection and effective dates, as well as a sleep apnea examination.

The Veteran's obstructive sleep apnea is found to have had its onset during active duty service and the Board grants service connection for this condition.

The Veteran's claims for service connection for tinnitus, diabetes mellitus type II, bilateral vision loss, a psychiatric disability (anxiety disorder and posttraumatic stress disorder), chronic headaches, sleep apnea, chronic obstructive pulmonary disease, arthritis of the right shoulder, arthritis of the left shoulder, low back disability, right hip disability, left hip disability, arthritis of the right knee, arthritis of the left knee, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy have been denied. The Veteran's claim for an initial compensable rating for bilateral hearing loss has also been denied.

The Board has remanded the case for additional development due to outstanding VA treatment records and Vocational Rehabilitation records.

The Veteran's appeals for increased PTSD rating, service connection for OSA, and reopening of fatigue disorder and headache disorder claims have been dismissed due to withdrawal. The claim for a fatigue disorder was not reopened as new evidence did not relate to an unestablished fact necessary to substantiate the claim. The claim for a headache disorder was reopened based on new medical evidence.

The Veteran's appeal for service connection for sleep apnea has been withdrawn, and the claim is dismissed.

The Veteran's back disorder is service-connected, but his bilateral knee disorders and breathing problems are not.,His left elbow disorder was resolved in-service. His acquired psychiatric disorder (PTSD and depression) secondary to migraines is also denied.

The Veteran's appeal is being remanded due to scheduling errors for his requested video conference hearing. He will be rescheduled and notified of the new date.

The Veteran has withdrawn his appeals for the issues of service connection for obstructive sleep apnea, pneumonia and status post appendectomy, as well as entitlement to a temporary total rating based on the need for convalescence under 38 C.F.R. § 4.30, and entitlement to a TDIU rating.

The Board has remanded the case for another VA examination to determine the current manifestations and effects of the Veteran's lumbosacral strain, degenerative disc disease, and right lower extremity radiculopathy.

The Veteran has been granted service connection for obstructive sleep apnea, with the Board finding that it is at least as likely as not related to his military service.

The Veteran's acquired psychiatric disorder, diagnosed as depressive disorder with major depressive-like episode, is proximately due to service-connected lumbar spine and lower extremity radiculopathy. Service connection for this condition has been granted.

The Veteran's service connection claims for a left shoulder disability, elevated blood sugar (including diabetes mellitus), hypertension, obstructive sleep apnea, and peripheral neuropathy are granted on the basis of presumptive exposure to herbicide agents in Vietnam. The effective date is not specified.

The Veteran's service-connected fibromyalgia and lumbosacral strain with degenerative disc disease have caused him to require the regular aid and attendance of another person on a regular basis, meeting the criteria for an award of aid and attendance benefits.

The Board has determined that the Veteran's sleep apnea was not incurred in or related to her military service and is not caused by a service-connected disability, including her low back disability.

The Board has remanded the case for further development due to inadequate medical opinions regarding the etiology of the Veteran's sleep apnea.