Sleep apnea decisions — 2016

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records and scheduling a VA sleep apnea examination to determine the nature and etiology of his OSA and its relationship to active service and his PTSD and other service-connected disabilities.

The Veteran's claim for service connection for sleep apnea, as secondary to his service-connected type II diabetes mellitus and/or posttraumatic stress disorder (PTSD), has been granted. The claims for hypertension, GERD, and renal insufficiency remain pending.

The Veteran is seeking service connection for sleep apnea, either as a result of her active duty service or as secondary to her service-connected hypertension. The case has been remanded due to the need for additional development including obtaining VA medical records and possibly additional opinions.

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

The Board denied the Veteran's claim for an increased rating greater than 40 percent for joint disease of the lumbosacral spine, finding that throughout the entire rating period, the disability had not resulted in ankylosis or physician-prescribed bed rest.

The Board found that the Veteran's obstructive sleep apnea and chronic headaches did not begin in service or are otherwise related to service.

The Veteran's claim for nonservice-connected pension benefits has been denied as he does not meet the criteria of being permanently and totally disabled from non-service-connected disabilities.

The Board has determined that the Veteran's current lumbar spine, left hip, and right knee disabilities are proximately due to his service-connected left knee disability. Service connection is granted for these conditions.

The Veteran's claim for service connection for sleep apnea, including as due to his service-connected disabilities, is being remanded for additional development.

The Board found that the Veteran's lumbosacral strain did not meet or approximate the criteria for a higher evaluation, as there was no evidence of forward flexion to 30 degrees or less or favorable ankylosis. The current 20 percent rating adequately reflects his disability level and symptomatology.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing due to their impact on his ability to walk and use assistive devices.

The Veteran's claim for increased ratings for lumbosacral strain is being remanded due to the need for additional examination and discussion of functional loss.

The Veteran's obstructive sleep apnea is found to have had its onset during his period of service, and he is granted service connection.,For both the right and left knee chondromalacia disabilities, a rating in excess of 10 percent is not warranted as there is no evidence of limitation of motion or instability.

The Veteran's service-connected disabilities do not render him incapable of securing or following a substantially gainful occupation, considering the impairment from the disorders and his educational and employment background.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected degenerative disk disease lumbosacral spine and radiculopathy of the right lower extremity, as well as any additional objective neurological abnormalities. The issue will be returned to the Board after the examination.

The Board has determined that additional development is needed on both the sleep apnea and coronary artery disease claims, including obtaining medical opinions regarding the relationship between these conditions and service-connected disabilities.

The Veteran's service connection claim for PTSD with bipolar disorder was granted, and an initial disability rating of 70 percent was assigned.

The Board found that the Veteran's service-connected conditions did not cause or contribute substantially to his death, and thus denied the claim for service connection for the cause of death.

The Board has determined that the Veteran's lumbosacral spine degenerative disc disease, spondylosis, and lordosis straightening originated during active service and grants service connection for these conditions.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds no basis to grant a higher rating. The Veteran's psychiatric disorder claim remains pending as it is unclear whether service connection should be granted.