Sleep apnea decisions — 2016

The Veteran's appeal is being remanded for additional development on the issues of service connection for various conditions, including renal toxicity, vertigo, neurobehavioral effects, chronic athlete's foot, sleep apnea, and bilateral leg radiculopathy. The low back disability claim also requires further examination to assess its current level of severity.

The Veteran's appeals for service connection and reopening of claims have been dismissed due to withdrawal. The Board has determined that new and material evidence has been received to reopen the claim for sleep apnea, but service connection is not granted as there is no evidence of a current disability or link to service. The right elbow and generalized arthritis claims are also reopened, with the right elbow finding in favor of reopening and denial of service connection due to lack of a current disability. Generalized arthritis of the arms claim is denied.

The Veteran's low back disability warrants a rating of 10 percent prior to June 18, 2009, a rating of 20 percent from June 18, 2009, to November 24, 2009, and a 40 percent rating effective November 25, 2009, for functional impairment of the spine and a separate rating of 10 percent from November 25, 2013, for radiculopathy involving the right lower extremity.

The Board found no evidence of sleep apnea during service or a period of active duty training, and the Veteran's current condition is not related to his service-connected PTSD. The claim for increased rating for PTSD was also denied.

The Veteran's appeal is being remanded for additional development, including obtaining an opinion on his ability to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has determined that the Veteran's claimed conditions are not related to his military service and thus denied all claims for service connection.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for sleep apnea.

The Veteran's TDIU claim is being remanded due to the need for a more thorough opinion from a VA Vocational Rehabilitation Division counselor regarding his employment status and functional limitations.

The Veteran's claim for service connection for obstructive sleep apnea with restless leg syndrome has been reopened. His bipolar disorder with PTSD is rated at the maximum allowable under the rating criteria, and his other issues are denied.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional medical records. The issue of entitlement to TDIU will be reconsidered after these actions.

The Board denied the Veteran's claims for increased ratings for her scoliosis of the lumbosacral spine, right hip strain, left hip strain, and left knee strain. The evidence did not show that any of these conditions warranted a higher rating under VA regulations.

The Veteran seeks service connection for breathing difficulties, including obstructive sleep apnea and restrictive lung disease. The Board has remanded the case to obtain additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's cause of death, including his diagnosed angiosarcoma, was not caused by or related to his in-service exposure to ionizing radiation. The evidence does not establish that these conditions began during or for many decades after his active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, and providing the Veteran with a sleep apnea and kidney disorder examination.

The Veteran's claims for service connection for hepatitis, a nervous disorder, sleep apnea, and left knee degenerative joint disease were denied. The Board found no evidence of these conditions in service or within the presumptive period following service.

The Board denied the reopening of the claim for service connection for lumbosacral strain with sacralization at L5, finding that no new and material evidence had been received to support the claim.

The Board found that the Veteran's obstructive sleep apnea did not have its onset in service and is not caused or aggravated by his PTSD. Therefore, service connection for obstructive sleep apnea was denied.

The Veteran's claim for service connection for sleep apnea, as secondary to his service-connected dysthymic disorder and/or coronary artery disease (CAD), is being remanded due to inadequate medical opinion regarding aggravation.

The Board has determined that the Veteran's obstructive sleep apnea did not pre-exist his active duty service and was not aggravated by military service. Therefore, he is not entitled to service connection for this condition.