Sleep apnea decisions — 2016

The Board denied the Veteran's claims for higher ratings for hypertension, lumbosacral strain, right knee degenerative joint disease, and left knee osteoarthritis. The evidence did not meet the criteria for a rating higher than 40 percent for hypertension prior to September 26, 2008 or for a rating higher than 10 percent for either knee disorder.

The Veteran's service-connected hypertension has been rated at 10 percent, and the Board found that this rating is not in excess of what is warranted based on his medical evidence. The Veteran's lumbosacral strain was also evaluated but no higher rating could be granted under the applicable criteria.

The Board has granted service connection for PTSD, obstructive sleep apnea as secondary to PTSD, and restless leg syndrome as secondary to PTSD.

The Veteran's current sleep apnea is of service origin, and the Board has granted service connection for this condition.,Service connection is also granted for COPD. The Board found that there was sufficient evidence to support a finding that the Veteran's DM is related to his service-connected PTSD.

The Board has remanded the issue of service connection for an acquired psychiatric disorder to include schizophrenia, a bipolar disorder, and anorexia nervosa due to incomplete records and need for further verification.

The Board has determined that the Veteran's gastrointestinal, sleep, neurological, and non-neurological disabilities are not related to service. The preponderance of the evidence is against these claims.

The Board found that the Veteran's sleep apnea is not related to his in-service exposure to smoke and fumes or secondary to his service-connected smoke inhalation with mild intrinsic restrictive ventilatory dysfunction, and thus denied his claim for service connection.

The Board finds that it is at least as likely as not that the Veteran's obstructive sleep apnea first manifested during his time in active duty military service, and grants service connection for this condition.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for obstructive sleep apnea. The Veteran's obesity, which is associated with his service-connected lumbar spine and psychiatric disorders, may have caused or aggravated his obstructive sleep apnea.

The Veteran's claims for service connection for obstructive sleep apnea and a psychiatric disorder, to include posttraumatic stress disorder, are being remanded due to the need for additional medical examinations.

The Veteran's appeal has been withdrawn by his representative before the Board could issue a decision.

The Board has determined that the Veteran's current sleep apnea was not manifested during his active service and is not shown to be causally or etiologically related to his active service. The Board also found no evidence of a nexus between the Veteran's service-connected PTSD and his sleep apnea.

The Veteran has withdrawn his appeal for service connection of sleep apnea. The Board dismisses the claim as a result.

The Board has determined that the effective date for service connection of PTSD should be March 16, 2010, based on a diagnosis of PTSD in that month. The issues of entitlement to service connection for obstructive sleep apnea and deep vein thrombosis are remanded for additional development.

The Veteran's claims for sleep apnea and asbestos-related respiratory condition are inextricably intertwined with his hearing loss and tinnitus. The Board has therefore remanded these issues to obtain additional medical opinions and development.

The Veteran's sleep apnea, skin condition (including actinic keratosis, seborrheic keratosis, and basal cell carcinoma), and cervical spine disability are all found to be related to his service.,There is no indication of any presumptive conditions or exposure basis for these conditions.

The Board has denied the Veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain with herniated disc T11 - T12.,The issue of whether new and material evidence has been received to reopen the right knee disability claim is granted.

The Veteran has withdrawn their appeals regarding the issues of service connection for a cervical spine disability, including as secondary to service-connected lumbosacral spine and right leg disabilities, and an increased disability rating in excess of 40 percent for scoliosis of the lumbosacral spine with strain.

The Board denied service connection for fatigue and sleep apnea, finding no evidence of a diagnosed disability at any time during the appeal period.

The case is being remanded for further examination and clarification of the Veteran's service-connected low back disability, including any associated neurological impairment.