Sleep apnea decisions — 2016

The Board has reopened the Veteran's claim of service connection for a sleep disability, to include sleep apnea, secondary to his service-connected PTSD. The evidence submitted since the last final denial shows that there is new and material evidence to support the reopening of this claim.

The Board found that the reductions in ratings for Degenerative Joint Disease (DJD) of the lumbosacral spine, Sciatica associated with the lumbar spine disability, and Umbilical hernia were improper due to the RO's failure to properly apply procedural safeguards. The Veteran was not given an opportunity to present additional evidence or request a hearing before the reduction in ratings took effect.

The Board found that the appellant's respiratory disability, including sleep apnea and pulmonary nodules, did not manifest in service or for many years thereafter. The evidence does not establish a nexus between his current respiratory disorder and his active service or any incident therein, to include presumed exposure to herbicides.

The Veteran's sleep apnea is found to have first manifested in active service and has been recurrent since, warranting service connection.

The Veteran's claim for service connection for his acquired psychiatric disorders, including PTSD and adjustment disorder with depressed mood, is being remanded due to the need for additional medical examination and consideration of new evidence.

The Board has determined that the Veteran's sleep apnea and bilateral hearing loss are not related to his military service or a service-connected disability, leading to denial of both claims.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher disability ratings in several areas, including hearing loss, lumbosacral strain, psychiatric disability, hypertension, epicondylitis of the left elbow, and bilateral plantar fasciitis.

The Board has reopened the Veteran's claim for service connection due to new and material evidence, but finds that there is no competent medical evidence linking his rhabdomyosarcoma of the right lower extremity to his military service or any in-service exposures. As a result, the claim for service connection remains denied.

The Veteran's current sleep apnea had its onset in active military service, and the Board finds that it is at least as likely as not related to his service. Therefore, the claim for service connection for sleep apnea is granted.

The Board finds that the Veteran's skin condition, including actinic keratosis and papulopustular rosacea (Schamberg disease), is not related to his service in Iraq. The VA examiner concluded it was less likely as not incurred or caused by military service.

The Board has determined that it is at least as likely as not that the Veteran's sleep apnea is related to his active duty service, and thus grants service connection for this condition.

The Veteran's lumbar strain has been found to be limited in range of motion, but not severe enough for a higher rating. The current evaluation of 20% is maintained.

The Board finds that the Veteran's obstructive sleep apnea was not manifested in service or for many years thereafter, and is not shown to be related to his service or to have been caused or aggravated by his service-connected anxiety disorder.

The Veteran's service-connected lumbosacral strain and tinea corporis did not meet the schedular criteria for a TDIU prior to September 7, 2010.

The Board has remanded the case for further development, including obtaining VA medical records and a fully adequate VA examination to assess the severity of the Veteran's service-connected lumbosacral strain with radicular pain in both lower extremities.

The Veteran's sleep apnea is not service connected as it was not incurred during his active duty. The Board finds that the Veteran's chronic fatigue syndrome, which he contends is due to undiagnosed illness, has been granted service connection.,The Veteran's chronic fatigue syndrome is presumed to be related to his military service.

The Board has determined that the Veteran's sleep apnea was not present in service or until many years thereafter and is not related to service, any incident therein, or to any service-connected disability. Therefore, service connection for sleep apnea is denied.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated in service and denied her claim for service connection. The issues of increased ratings for lumbar spine disabilities, radiculopathy, and gastritis/GERD/diverticulosis are also addressed.

The Veteran's colorectal cancer, microcytic anemia, and sleep apnea were not found to be related to service or any service-connected condition. The Board denied the claims for these conditions.

The Veteran's tinnitus is found to be service-connected. Service connection for hypertension and sleep apnea are remanded due to insufficient evidence.