Sleep apnea decisions — 2016

The Veteran's appeal for increased ratings for PTSD and chronic lumbosacral strain has been withdrawn. The TDIU issue remains pending.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for sleep apnea.

The Veteran's appeals for service connection on several conditions have been dismissed due to voluntary withdrawals by the Veteran.

The Board has determined that a remand is necessary to obtain the complete December 9, 1965 service separation examination and to schedule the Veteran for appropriate VA examinations regarding his hearing loss and sleep apnea disabilities.

The Veteran's appeal for increased rating of major depressive disorder and service connection for sleep apnea has been withdrawn by his representative.

The Board finds that the Veteran's obstructive sleep apnea (OSA) is at least as likely as not due to his active service, and grants service connection for OSA.

The Board found that the Veteran's current left knee disability is not service-connected, as there was no evidence of a pre-existing injury or chronic condition during service. The most recent VA examination did not find clear and unmistakable evidence of a preexisting condition.

The Board has granted service connection for peripheral neuropathy of the upper and lower extremities, as well as sleep apnea associated with PTSD, all due to exposure to herbicides while deployed in Vietnam.

The Veteran's sleep apnea and lumbar spine disability are service-connected, with the latter being secondary to his preexisting condition. The bilateral lower extremity neuropathy is also service-connected as it is proximately due to the lumbar spine disability.

The Board finds that the evidence is at least in equipoise regarding whether the Veteran's obstructive sleep apnea had its onset during service and is related to his military service. As such, the claim for service connection is granted.

The Veteran's obesity, diabetes mellitus, hypertension, congestive heart failure, sleep apnea, and lymphedema are all found to be secondary to the service-connected obesity.,Service connection is granted for these conditions as they are deemed to have been caused by or aggravated by the service-connected obesity.

The Veteran's appeal is being remanded for further development, including obtaining an opinion on the etiology of her sleep apnea and a readjudication of her sinusitis claim.

The Board finds that the Veteran's current respiratory disability, claimed as COPD, is not service-connected. The preponderance of evidence does not support a finding that his present condition was incurred or aggravated by active duty service.

The Board has determined that the Veteran's cervical and lumbosacral spine disabilities are related to his in-service helicopter crash, and service connection is granted for these conditions.

The Veteran's appeal is being remanded to obtain additional medical records and for further consideration of his claims, including those related to service connection for residuals of a traumatic brain injury, an increased rating for chronic gastritis, and other conditions.

The Board finds that the reduction in the rating for the Veteran's lumbosacral strain, degenerative disc disease, and intervertebral disc disease from 40 percent to 20 percent was not proper due to lack of improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling a new VA examination for the Veteran's PTSD. The appeal will be remanded to allow for this development.

The Board has reopened the claim of entitlement to service connection for a low back disability and granted service connection. The Veteran's current lumbosacral strain is related to his military service.

The Veteran withdrew the appeal of his claim for service connection for sleep apnea.

The Board has determined that the Veteran's sleep apnea developed as a result of active service and is therefore granted service connection.