Sleep apnea decisions — 2016

The Board has determined that the Veteran's sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded to schedule a hearing at the RO for issues related to service connection and vocational rehabilitation and education services. The original claim was not about these specific issues.

The Veteran's IBS, hypertension, and sleep apnea are presumed to have been incurred as a result of his service in the Persian Gulf War. The Veteran is granted service connection for these conditions.

The Veteran's appeal is being remanded for a VA examination to determine the etiology of his obstructive sleep apnea, including whether it is related to service-connected disabilities or exposure to herbicides. The case will be readjudicated after this additional development.

The Veteran's PTSD is currently rated at 70 percent disabling, reflecting total occupational and social impairment due to symptoms such as gross impairment in thought processes or communication; persistent delusions or hallucinations; gross inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation or hometown.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current disabilities are at least as likely as not related to his active duty service. The remaining issues of entitlement to service connection have been referred back to the AOJ for further development.

The Veteran's claims for service connection for bilateral hearing loss, obstructive sleep apnea, and a peripheral nerve disorder of the bilateral lower extremities have been denied. The Board finds that there is no current diagnosis of bilateral hearing loss for VA purposes.

The Veteran is not entitled to VA compensation benefits in lieu of military retired pay before September 17, 1998. The issue of the calculation of compensation benefits based on a September 17, 1998, election of compensation benefits in lieu of receipt of military retired pay is being remanded for further action.

The Veteran's service connection claims for right hip, left hip and lumbar spine disabilities have been reopened. Service connection is granted for spondylosis of the lumbosacral spine. The Veteran's service connection claims for left shoulder, right ankle sprain and left ankle sprain disabilities remain pending.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a right shoulder disability. The gastrointestinal disability, diagnosed as dyspepsia and chronic diarrhea, is found to be proximately due to or the result of his service-connected fibromyalgia. Effective dates prior to July 27, 2011, have been granted for the awards of service connection for bilateral hearing loss, tinnitus, and fibromyalgia.

The Veteran's claims for higher ratings and service connection have been denied. The Board has not yet issued a statement of the case on the issues of entitlement to earlier effective dates for lumbar spine and cervical spine disabilities.

The Veteran's current sleep apnea disorder had its onset in service, and the Board finds that service connection is warranted for this condition.

The Board has determined that the Veteran's current sleep apnea did not manifest during service and is not attributable to service. The claim for service connection for sleep apnea is denied.

The Board has ordered a remand to consider additional evidence regarding the Veteran's lumbosacral strain prior to January 10, 2014.

The Board has remanded the case for additional development due to a change in representation and other procedural issues.

The Board has determined that the Veteran's low back disability, bilateral knee disability, bilateral ankle disability, headache disability, and sleep apnea are all service-connected.

The Board has granted service connection for bilateral patellar tendinitis (jumper's knee), bilateral shin splints, and elbow osteoarthritis. The remaining claims of service connection for sleep apnea, TBI including headaches and seizures, and a disorder of the thoracic and/or lumbar spine are remanded for further development.

The Board denied the Veteran's claim of service connection for obstructive sleep apnea, finding that there was no evidence of a diagnosis or treatment for this condition during service. The VA examiner opined that the current obstructive sleep apnea is less likely than not incurred in service.

The Veteran's claims for service connection for Obstructive Sleep Apnea and Premature Ejaculation Disorder secondary to PTSD, as well as his initial disability ratings for right knee DJD, extension of temporary total evaluations, and rating for PTSD have all been denied.

The Veteran's lumbar spine disability is rated at 20 percent, effective December 27, 2005. The rating for radiculopathy of the right lower extremity and left lower extremity remains at 10 percent.