Sleep apnea decisions — 2016

The Board denied service connection for hypertension, kidney disability, respiratory disability other than lung cancer (including throat cancer), and sleep apnea due to lack of evidence linking these conditions to active duty service or presumed exposure to herbicide agents.

The Veteran's lumbosacral strain with mild to minimal broad-based disc bulge at L4-5 and L5-S1 has been manifested by intervertebral disc syndrome with severe symptoms, recurring attacks, and intermittent relief. The Board finds that the criteria for a 40 percent disability rating have been met.

The Veteran is entitled to a TDIU prior to April 9, 2014 due to her service-connected disabilities preventing her from securing and maintaining substantially gainful employment.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the nature and etiology of the Veteran's claimed sleep disorder other than sleep apnea.

The Veteran's obstructive sleep apnea and asthma are currently rated at 50 percent, the maximum evaluation available under current criteria.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to the Board's decision.

The Veteran's service-connected residuals of lumbar laminectomy have been granted a TDIU and secondary service connection for radiculopathy of the right lower extremity. The rating for residuals of lumbar laminectomy remains at 60 percent.

The Veteran's appeal includes claims for various conditions, including coronary artery disease, migraine headaches, lumbosacral spine strain, and an acquired psychiatric disorder. The RO has already granted a 100% rating for coronary artery disease effective October 30, 2014. Other issues remain pending.

The Veteran's obstructive sleep apnea is found to be the result of or proximately due to his service-connected major depressive disorder, and thus service connection for this condition is granted.

The Veteran's sleep apnea is related to service and the Board grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a VA examination to determine the etiology of any diagnosed skin disability, migraines, and sleep apnea.

The Veteran's current sleep apnea is caused by his service-connected musculoskeletal disabilities, specifically left ankle sprain and patellofemoral pain syndrome of each knee. The headaches are considered secondary to the service-connected PTSD.

The Board denied service connection for sleep apnea and an initial rating in excess of 10 percent for bilateral hearing loss, finding that the Veteran's current sleep apnea did not become manifest in service or for many years thereafter and is not shown to be related to service. The claim for increased rating for hearing loss was also denied.

The Veteran's service-connected low back disability is rated at 40% from December 2, 2011. The Board found that the evidence did not support a higher rating for his sleep disorder.

The Board denied the Veteran's claims for service connection for various conditions, including pseudofolliculitis barbae, acquired psychiatric disability, bilateral knee and hearing loss, burn scar disability, obstructive sleep apnea, TBI, high blood pressure, back disability, and tinnitus. The effective date for the grant of service connection for pseudofolliculitis barbae was not earlier than September 27, 2012.

The Veteran's claim for a higher disability rating for her service-connected degenerative disc disease of the lumbosacral spine with stenosis is being remanded due to the need for additional development, including a comprehensive VA orthopedic examination.

The Veteran's appeal of increased ratings for his service-connected disabilities was withdrawn. The claim for headaches, to include migraines, is denied as there is no evidence that the current headache disorder began during or is related to service.

The Board has denied the Veteran's claim for a higher rating for her lumbosacral spine disability, finding that the evidence does not support a rating in excess of 20 percent. The issue of entitlement to TDIU based on major depressive disorder remains pending.

The Veteran has withdrawn all issues on appeal, and thus the appeal is dismissed.

The Board found that the Veteran's sleep apnea did not manifest in service and is not otherwise related to his military service, including exposure to asbestos therein. Therefore, the claim for service connection was denied.