Sleep apnea decisions — 2016

The Board has remanded the case for additional development due to inadequate prior VA medical opinion and missing private medical records. The Veteran's erectile dysfunction is being evaluated in relation to his service-connected disabilities, including prescribed medications.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and is not related to his service-connected type II diabetes mellitus and/or posttraumatic stress disorder (PTSD).

The Board has remanded the case for an addendum opinion regarding whether the Veteran's sleep apnea was aggravated by his service-connected sinusitis and rhinitis. The appeal is currently in a 'mixed' disposition as some issues were granted while others were not.

The Board has remanded the case for additional development due to new evidence received after a substantive appeal was filed. The Veteran's claim for service connection for obstructive sleep apnea will be reconsidered with consideration of all submitted evidence.

The Board finds that the Veteran's sleep apnea began in service and has persisted since, granting his claim for service connection.

The Board has determined that the Veteran's obstructive sleep apnea and hypertension were not incurred or aggravated during active service, nor are they related to a service-connected disability. The claims for these conditions have been denied.

The Board has remanded the Veteran's claims for an increased rating for hypertension and entitlement to service connection for sleep apnea, as well as his claims for bilateral carpal tunnel syndrome of the wrists and right and left knee disorders. The AOJ is instructed to schedule a hearing before a Veterans Law Judge and obtain relevant medical records.

The Board has granted service connection for certain conditions, including acid reflux, erectile dysfunction, gastrointestinal disorder, hiatal hernia, and kidney stones. The Veteran's claims are based on undiagnosed illnesses related to his service in the Southwest Asia theater of operations during the Gulf War.

The Board has remanded the case for additional development, including an addendum opinion regarding neurological impairment and consideration of extraschedular TDIU.

The Board denied a higher evaluation for the Veteran's back disability and left lower extremity radiculopathy, and denied an effective date earlier than August 28, 2014, for the award of compensation for left lower extremity radiculopathy.

The Board found that the Veteran's vocational goal was not reasonably feasible due to his refusal of an Extended Evaluation plan and inability to establish feasibility, leading to the denial of his VR&E services.

The Board has granted service connection for sleep apnea and assigned a 10 percent disability evaluation. The issue of an increased rating for lumbosacral strain remains on appeal.

The Veteran's hearing loss disability is found to have developed during his active service, warranting service connection.

The Veteran's appeal is being remanded to obtain additional medical records, conduct VA examinations for his obstructive sleep apnea and right knee disability, and to ensure all due process considerations are met.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and finds his depression related to service. The Board also found no evidence linking sleep apnea to service.

The Board denied the Veteran's claim for an effective date earlier than March 17, 2010 for service connection of sleep apnea. The Veteran initiated a new claim to reopen his previously denied claim on March 17, 2010.

The Board has denied the Veteran's appeal regarding service connection for sleep apnea and the grant of an earlier effective date for PTSD. The Veteran withdrew his claim for sleep apnea.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's current obstructive sleep apnea developed during his active duty service, and therefore grants service connection for this condition.

The Board has remanded the claim for further examination and opinion regarding service connection for bilateral lower extremity radiculopathy, including as secondary to service-connected low back disability and/or bilateral knee chondromalacia. The issue of whether lumbosacral DDD is secondary to service-connected lumbosacral strain has also been raised.

The Veteran seeks service connection for sleep apnea. The VA examiner found it less likely than not that the Veteran's sleep apnea began in service or is related to his service-connected residuals of right thyroidectomy, but did find it at least as likely as not that his sleep apnea was aggravated by his service-connected condition.