Sleep apnea decisions — 2016

The Veteran's claims for left knee, sleep apnea, and left ankle disabilities are being remanded due to the need for additional development including VA examinations.

The Veteran's claims for increased ratings for his service-connected lumbosacral disc disease and cervical myelopathy are being remanded due to the need for additional development, including obtaining relevant VA medical records and scheduling a VA examination.

The Board has determined that the Veteran does not have a breathing problem, chronic sinusitis, or sleep apnea due to his active duty service and these conditions are not caused or aggravated by any service-connected disability.

The Veteran's claims for service connection for sleep apnea and PTSD due to military sexual trauma are being remanded for additional development.

The Veteran's lumbosacral strain is rated at 20 percent since December 8, 2008. His PTSD and bilateral hearing loss are both rated appropriately.

The Veteran's lumbosacral degenerative joint disease and bilateral knee disability are found to be service-connected as they are proximately due to his service-connected right ankle and foot disabilities. Effective July 18, 2006, the Veteran is granted a TDIU based on these service-connected conditions.

The Veteran's service connection claims for obstructive sleep apnea, impairment of sphincter control, and megaesophagus and GERD were denied. The Veteran was granted a 30 percent rating for his megaesophagus and GERD under the provisions of Code 7346.

The Veteran's sleep apnea disability required the use of a CPAP machine as of October 28, 2009. The Board granted an effective date of October 28, 2009 for the assignment of a 50 percent evaluation.

The Board has granted the Veteran's claim for service connection for central and obstructive sleep apnea, finding that it is at least as likely as not incurred during his military service.

The Veteran's claims for service connection for sleep apnea and a neck disability were denied as there was no evidence linking these conditions to his active duty. The Board found that the Veteran did not have sleep apnea or a neck disability due to his service, and his current diagnoses were more likely related to post-service factors.

The Veteran's lumbosacral strain with degenerative joint disease (DJD) of the sacroiliac joints with residuals of a fracture of the 12th thoracic (T12) vertebra was found to be manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, warranting a 40 percent rating.

The Board found no evidence to support the Veteran's claim of service connection for a sleep disorder, including OSA, RLS, and RBD. The opinion provided by the VA examiner in July 2014 concluded that these conditions did not have their onset during service or were caused by his service-connected PTSD.

The Board has determined that there is no current evidence of a separate and distinct sleep disorder other than OSA, and thus service connection for such a condition cannot be granted.

The appeal has been dismissed as the appellant withdrew his appeal.

The Veteran's claim for service connection for bilateral hearing loss was denied. The Board found that the evidence did not show a current bilateral hearing loss disability as defined by VA regulatory criteria, and thus denied this claim. For the rating period from December 12, 2007, the Veteran is granted a 100 percent schedular rating for hypothyroidism due to service connection. The issue of entitlement to TDIU is moot given the grant of a 100 percent schedular rating for hypothyroidism. SMC at the housebound rate was awarded from October 24, 2008 to January 14, 2013.

The Veteran's sleep disability, including insomnia and sleep apnea, is found to be aggravated by his service-connected PTSD. Service connection for this condition is granted.

The Veteran's current residuals of a back injury, diagnosed as mild lumbosacral DJD and DDD, originated during his active service. The Board has determined that the criteria for establishing service connection are met.

The Board has remanded the case due to insufficient evidence regarding the Veteran's low back disorder, including his service-connected conditions and any potential exposure to environmental factors. The Veteran is entitled to a new VA examination to determine the nature and etiology of his diagnosed low back disorders.

The Veteran's claim for increased ratings for his lumbosacral spine disability and TDIU prior to July 1, 2015 was denied. The Board found that the evidence did not support a higher rating for the period from September 20, 2005, to October 12, 2012, or since October 12, 2012.

The Veteran's claims for service connection were denied as his conditions are not shown to be related to military service.