Sleep apnea decisions — 2016

The appellant's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board finds that disc disease of the lumbosacral spine had its onset in active service and grants service connection for this condition.

The Board has determined that the Veteran's right knee disability and sleep disability were not incurred or aggravated by service, and thus denied both claims.

The Veteran's claims for increased rating, service connection for sleep apnea, and service connection for a stroke are being remanded due to the need for additional development.

The Veteran's claims for increased evaluations, service connection, and compensation were denied. The claim of new and material evidence to reopen the malaria claim was also denied.

The Veteran's back disability (lumbosacral strain) is service-connected.,Service connection for bilateral knee disability, type 2 diabetes mellitus, and hypertension is not granted.

The Board has remanded the case for further development, including obtaining additional medical opinions regarding the Veteran's psychiatric disabilities other than PTSD and his sleep apnea. The Veteran is seeking service connection for these conditions.

The Board has remanded the case for additional development due to missing service treatment records, outstanding VA and private treatment records, and inadequate rationale in a previous VA opinion.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is at least as likely as not related to his military service.

The Veteran's sleep apnea is found to be etiologically related or aggravated by his service-connected diabetes mellitus, and the Board grants service connection for this condition.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current obstructive sleep apnea had its onset during service. The issue of service connection for hypertension remains pending and requires additional clarification/new opinion from a VA examiner.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's sleep apnea is directly related to service or caused by his service-connected PTSD. The claim will be reconsidered after this additional development.

The Veteran has withdrawn his appeals for service connection for sleep apnea, right foot disability, left foot disability, bilateral toe disability, and cellulitis.

The Board found that the Veteran's current diagnosis of sleep apnea was not related to his service and denied his claim for service connection.

The Veteran's claim for an annual clothing allowance was denied due to the VA Medical Center (MC) in Decatur, Georgia. The denial stated that his braces did not cause wear or tear on his clothes. However, the Veteran provided evidence showing he used braces and claimed they caused damage to his clothes. The Board has ordered a remand to conduct further examination and review of the claim.

The Veteran's sleep apnea has not been shown to be related to his service-connected disabilities, and the Board finds that he is not entitled to service connection for this condition. The TDIU claim will be remanded as it is inextricably intertwined with the issue of service connection.

The Veteran's lumbar spine disability was rated at 30 percent from November 2005 through February 19, 2009. Since then, the rating has been increased to 40 percent for his left lower extremity radiculopathy.

The Veteran's service-connected lumbosacral strain with degenerative arthritis does not meet the criteria for a higher rating than 20 percent.

The Veteran withdrew his appeal before the Board could make a decision.

The Board found no evidence of sleep apnea or hypertension in service, and the VA examiners concluded that these conditions did not develop during service.,VA examiners also determined that there was insufficient evidence to link either condition to diabetes mellitus.