Sleep apnea decisions — 2016

The Board found that the Veteran's sleep apnea, bowel dysfunction, cervical spine disability, thoracic and lumbar degenerative disc disease with bilateral lower extremity radiculopathy, and left knee disability were not related to his military service. The claims for these conditions are therefore denied.

The Veteran's claim for service connection for a sleep disability, to include as secondary to his service-connected bipolar disorder, is being remanded due to the need for additional development and clarification of medical opinions.

The Veteran's appeal for a higher rating for his lumbosacral strain with degenerative joint disease is granted. Service connection for residuals of head injury (TBI) and disability of the cervical spine are also granted, as well as service connection for sleep apnea secondary to PTSD or due to herbicide exposure. The Veteran's diabetes mellitus and peripheral neuropathy claims remain pending.

The Veteran's appeal is being remanded for a video hearing at the RO before a Veterans Law Judge.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability has been granted, with the assigned rating of 20 percent.

The Veteran withdrew his appeal regarding the claim of service connection for sleep apnea, secondary to diabetes mellitus and PTSD.

The Board has remanded the case for further development and consideration of the Veteran's claims, including obtaining additional medical opinions regarding his sleep apnea, COPD, heart disability, and earlier effective date for service connection for lung cancer.

The Board has reopened the Veteran's claims for service connection for a back disorder, joint pain disorder, reaction to an anthrax shot, migraine headaches (secondary to PTSD), chronic fatigue, sleep apnea, lumbar spine degenerative joint disease, right knee degenerative changes, and fibromyalgia. The evidence is at least in equipoise as to whether these conditions are related to service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing addendum opinions regarding his hearing loss, sinus condition, and sleep apnea.

The Veteran's claim for an increased rating for chronic low back strain with spasm is pending.,New and material evidence has been received to reopen the previously denied claim of entitlement to service connection for sleep apnea, which is now granted.

The Veteran's obstructive sleep apnea was not incurred in active duty service.

The Board has determined that the Veteran should be afforded another VA examination to assess the current severity of his service-connected low back disability and whether he is unemployable due to this condition.

The Board has ordered additional development to determine if the Veteran's obstructive sleep apnea is related to his military service, including periods of active duty for training (ACDUTRA) and inactive duty training (INACDUTRA).

The Veteran's service-connected disabilities do not cause him to be unable to secure and follow a substantially gainful occupation.

The Veteran's service connection claims for various conditions are granted.

The Board has determined that additional development is needed before the claims for higher ratings for right hip degenerative joint disease and sleep apnea can be decided.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations and opinions regarding his claimed conditions.

The Veteran's claims for service connection and increased evaluation are being remanded due to the need for additional medical opinions regarding his sleep apnea, TMJ, and lumbar spine disability.

The Board has remanded the case for additional development due to the need to verify whether the Veteran was on Active Duty Training (ACDUTRA) in November 2008, and to obtain an addendum opinion from a VA examiner regarding the relationship between the Veteran's low back disability and his active duty service.

The Board has determined that the Veteran's current sleep apnea, heart disorder, flat feet, back disorder, right knee disorder, left knee disorder, left hip disorder, and right hip disorder are not attributable to service. The claims for these conditions have been denied.