Sleep apnea decisions — 2016

The Board has determined that the Veteran's current sleep apnea did not originate in service or for many years thereafter, is not related to any incident during active service and is not proximately due to or aggravated by a service-connected disability, to include service-connected asthma. Therefore, the claim for service connection for sleep apnea, to include as secondary to service-connected asthma, is denied.

The Veteran's hepatitis is not service-connected as it did not have its clinical onset during service and there is no evidence of a nexus to service.,The Veteran's heart condition is not service-connected as there is no evidence of a disease or injury incurred in service, nor any nexus to service.,The Veteran's diabetes mellitus is not service-connected as there is no evidence of a disease or injury incurred in service and the current disability is not related to service.,The Veteran's sleep apnea is not service-connected as there is no evidence of a disease or injury incurred in service, nor any nexus to service.,The Veteran's urinary condition is not service-connected as there is no evidence of a disease or injury incurred in service and the current disability is not related to service.

The Veteran's claim for service connection for bilateral hearing loss is granted. The Board finds that the Veteran has a current diagnosis of bilateral hearing loss as defined by VA and that it is related to his military service. For the low back disorder, the Veteran's claim is remanded due to insufficient evidence regarding its onset in service or relation to military service.

The Board has remanded the case due to incomplete records and an inadequate VA examination. The Veteran's claims for sleep apnea, diabetes mellitus, type II, and peripheral neuropathy are being reviewed again.

The Board has determined that the Veteran's current low back disability is not related to his service, specifically a motor vehicle accident in 2003. The weight of evidence does not support a finding that the current degenerative arthritis and degenerative disk disease are related to service.

The Veteran's lumbosacral strain was rated at 40 percent from April 7, 2012 to May 23, 2014. From May 24, 2014, the rating remains at 20 percent.

The Veteran's bronchial asthma and obstructive sleep apnea are rated as a single disability due to the regulatory prohibition against separate ratings for these conditions. The current combined rating of 60 percent is appropriate.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected lumbosacral spine fusion with sacroiliac dysfunction. The case will be returned for further review.

The Board has decided to remand the case due to inadequate VA examination and need for additional medical opinion. The Veteran's claim will be reconsidered based on all evidence.

The Board denied the Veteran's claims for separate disability ratings for obstructive sleep apnea and asthma, finding that they are rated under a single 50 percent disability rating assigned pursuant to Diagnostic Code 6847. The Board also found that the Veteran's asthma is the predominant respiratory disability.

The Veteran's claims for an increased rating for lumbosacral strain and TDIU are being remanded due to procedural issues, including the need to obtain private medical records and employment records.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing and the need to ascertain his current address.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral ankle and wrist disorders, lumbar spine disorder, tinnitus, and somnambulism. The decision found that there was no evidence of chronic or compensable disabilities during service or within one year post-service.

The Veteran's bilateral hearing loss, tinnitus, and shoulder disabilities are all found to be related to his active service. The right ear hearing loss is determined to have been aggravated by service, while the left ear hearing loss is presumed to have been caused by service. Tinnitus is also found to be related to service. For the shoulders, it is established that they were caused by service.

The Board has determined that the Veteran's sleep apnea did not begin during service and is not related to any in-service event or injury. The claim for service connection for sleep apnea is denied.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to his death.

The Board finds that the Veteran's service-connected rhinitis, weight gain due to his service-connected disabilities, and medications taken for these conditions are at least as likely as not the cause of his sleep apnea.

The Veteran's service connection for OSA is granted as it is less likely than not (less than 50% probability) proximately due to or the result of his service-connected PTSD and other conditions.

The Veteran's service-connected traumatic hyperkeratosis of the left buccal mucosa has been manifested by mild thickening and slight abrasion, occasional bleeding and irritation from certain foods, no disfigurement, and no more than slight impairment of masticatory function. The criteria for a compensable rating have not been met.

The Board has remanded the issues of service connection for sleep apnea, a low back disability, and an initial rating in excess of 10 percent for a right hip disability to allow for additional development.