Sleep apnea decisions — 2016

The Veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Veteran's appeals have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims at this time.

The Board has granted the Veteran's claims for service connection for anxiety and depressive disorder, sleep apnea, thyroid condition, sinusitis, and a foot condition related to a cold injury. The appeals are based on new evidence received since the previous denial.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's service-connected PTSD caused his GERD and obstructive sleep apnea, thus granting service connection for these conditions on a direct basis.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by service, and is not related to a service-connected disability. Therefore, the claim for service connection for sleep apnea is denied.

The Board has reopened the Veteran's claim for service connection for a back condition and determined that there is at least equipoise evidence to support the claim, granting service connection on a direct basis.

The Board has remanded the case due to incomplete development and failure to issue a supplemental statement of the case.

The Veteran's appeal is remanded due to the need for additional development, including obtaining SSA records and a VA examination. The issues of service connection for his back disability and alcohol dependence are inextricably intertwined.

Service connection for PTSD and CFS has been granted.,Service connection for fibromyalgia, type II diabetes mellitus, and obstructive sleep apnea have been granted. Service connection for uterine fibroid cysts and a respiratory disorder due to Agent GB exposure have not been established.

The Veteran's PTSD is rated at 50% based on the severity of symptoms, including depression, anxiety, and social isolation.

The Board denied the Veteran's claims for service connection for bilateral degenerative joint disease of the knees, hips, and lumbosacral spine as secondary to his service-connected painful heels with degenerative changes.

The Board has granted service connection for lumbosacral strain, migraine headaches, left shoulder strain with glenohumeral joint osteoarthritis, left elbow strain, right elbow strain, left wrist sprain, right wrist sprain, cervical spine strain, left ankle strain, right ankle strain, and left knee strain with arthritis. The Board found that the Veteran's current conditions are at least as likely as not related to his active duty service.,The Board has granted service connection for right knee strain with arthritis. The Board found that the Veteran's current condition is at least as likely as not related to his active duty service.

The Veteran's claims for service connection were denied as the evidence did not support a finding of direct or secondary service connection for any of the claimed conditions.,The Veteran's claim for service connection for hypertension was denied as there was no evidence to support a finding of direct service connection.,The Veteran's claim for service connection for decreased kidney function was denied as there was no evidence to support a finding of direct or secondary service connection.,The Veteran's claim for service connection for anemia was denied as there was no evidence to support a finding of direct or secondary service connection.,The Veteran's claim for service connection for sexual dysfunction (erectile dysfunction) was denied as there was no evidence to support a finding of direct or secondary service connection.,The Veteran's claim for service connection for obstructive sleep apnea was denied as there was no evidence to support a finding of direct service connection.,The Veteran's claim for service connection for gastrointestinal disability (GERD) was denied as there was no evidence to support a finding of direct or secondary service connection.,The Veteran's claim for service connection for sixth cranial nerve palsy was denied as the evidence did not support a finding of direct or secondary service connection.,The Veteran's claim for service connection for diabetic retinopathy was denied as there was no evidence to support a finding of direct service connection.,The Veteran's claim for service connection for diabetic peripheral neuropathy was denied as there was no evidence to support a finding of direct service connection.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent prior to July 1, 2013 and 40 percent as of July 1, 2013.

The Veteran seeks service connection for a lumbosacral spine disability, which he claims is related to his service-connected bilateral knee disabilities. The Board has determined that further examination and development are needed before the claim can be decided.

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for further action, including scheduling a videoconference hearing at either the Columbia or Atlanta RO based on the Veteran's preference.

The Veteran's appeal of the denial for sleep apnea as secondary to PTSD is remanded. The timeliness of his appeals regarding joint and muscular pain, DDD of the lumbar spine, lumbar radiculopathy of both lower extremities, and peripheral neuropathy of both lower extremities is also remanded.

The Board has granted service connection for irradiation cystitis as secondary to the Veteran's service-connected prostate cancer. The effective date of this grant is July 10, 2007, which is the date of the Veteran's reopened claim for service connection.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation, warranting the grant of TDIU.

The Board has determined that the evidence is in equipoise as to whether the Veteran's currently diagnosed obstructive sleep apnea is related to his service-connected musculoskeletal disabilities, including through obesity from an inability to exercise. As such, service connection for this condition is granted.