Sleep apnea decisions — 2016

The Board has determined that a remand is necessary to obtain updated VA treatment records, complete the Veteran's medical release forms for any additional relevant records, and provide an addendum opinion from a VA examiner regarding whether the Veteran's sleep apnea is etiologically related to his service, if it was caused by or aggravated by his service-connected diabetes mellitus.

The Veteran's TDIU claim is being remanded for further development, including obtaining updated VA and private treatment records, securing his VA vocational rehabilitation file, and providing an advisory opinion from a VA Vocational Rehabilitation Division counselor regarding the effect of his service-connected disabilities on his employability.

The Veteran's claim for service connection for sleep apnea, including as secondary to his service-connected disabilities of GERD, depressive disorder, and a heart disability, is being remanded due to inadequate VA opinion.

The Veteran's appeal is granted, with increased ratings for various disabilities and a TDIU. The effective dates are not specified.

The Veteran's insomnia was granted service connection in April 2015. Service connection for sleep apnea and GERD were denied as the conditions are not shown to be related to military service.

The Veteran has withdrawn her appeal, and the Board does not have jurisdiction to review it.

The Board has granted service connection for obstructive sleep apnea as aggravated by the Veteran's service-connected back condition. The hypertension claim is remanded due to a lack of recent medical evidence.

The Veteran's claim for service connection for PTSD and obstructive sleep apnea is granted, with the latter being secondary to his service-connected PTSD.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and service personnel records. A sleep apnea examination will be conducted to determine if the condition began in service or is related to service. An acquired psychiatric disorder examination will also be conducted to determine if any current psychiatric disability is related to service.

The Board has determined that the Veteran's sleep apnea is as likely as not caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea secondary to PTSD.

The Veteran's squamous cell carcinoma of the buccal mucosa manifested more than one year after separation from service and is not shown to be causally or etiologically related to an in-service event, injury, or disease, including herbicide exposure. The Board finds that the preponderance of the evidence is against the claim for service connection.

The Board denied a higher disability rating for lumbosacral strain, finding that the Veteran's condition did not meet criteria for a higher rating based on symptoms such as pain and stiffness but without ankylosis or other severe functional impairment.

The Veteran's lumbosacral and cervical spine conditions, as well as his bilateral knee injuries with chondromalacia, are currently rated at the lowest possible initial disability ratings of 10 percent. The Board finds that these disabilities do not warrant a higher rating based on the evidence provided.

The Veteran's PTSD caused occupational and social impairment with reduced reliability and productivity from August 20, 2007 to January 25, 2011. From January 26, 2011, the criteria for a 70 percent schedular disability rating were met.

The Veteran's lumbar spine disability, with consideration of additional functional loss due to pain during flare-ups, more closely approximates forward flexion to less than 30 degrees. Incapacitating episodes of IVDS are not shown.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine did not have its clinical onset in service and was not caused or aggravated by a service-connected disability.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran seeks service connection for sleep apnea as secondary to his service-connected PTSD. The case is being remanded for further examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's multiple non-service-connected disabilities, including hernias with progression to an intestinal fistula and arthritis of multiple joints, render her helpless or so nearly helpless that she requires the regular aid and attendance of another person for special monthly pension purposes.

The Veteran's claim for a clothing allowance in 2013 was denied as the items claimed did not qualify under VA regulations. The case is being remanded to obtain additional information from a VA examiner or designee of the Undersecretary for Health.