Sleep apnea decisions — 2016

The Veteran's appeals for service connection and increased ratings were denied. The Board found that the lumbar spine disability did not meet or approximate the criteria for a higher rating prior to July 1, 2014, but was sufficient from that date onwards.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for bilateral hearing loss disability. The claims of entitlement to service connection for sleep apnea, an ear disability (to include, ear infections and drainage), and insomnia are pending.

The Board has granted service connection for obstructive sleep apnea and assigned a 10 percent disability rating. The Veteran's tinea pedis is rated at the noncompensable level as it does not meet the criteria for any higher rating based on body or exposed area affected.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and granted it as secondary to his service-connected PTSD.

The Board has remanded the case due to the need for an addendum opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's claims for service connection for kidney disability, heart disability, and sleep apnea are being remanded due to the need for additional development including obtaining VA treatment records, confirming dates of Reserve service, scheduling VA examinations, and adjudicating the issue of whether new and material evidence has been submitted to reopen a previously disallowed claim of hypertension.

The Board found that the Veteran's low back condition and obstructive sleep apnea are not service-connected, as there is no evidence of a chronic or recurrent condition in service. The current conditions are attributed to post-service events.

The Veteran's tinnitus is found to have been incurred in service. The issues of hypertension and sleep apnea are remanded for further development.

The Veteran's service-connected sigmoid ulcers have been rated as 10 percent disabling since January 15, 2009. The evidence does not support a higher rating under the applicable diagnostic codes.

The Board finds that the Veteran's currently diagnosed obstructive sleep apnea had its onset during service and grants service connection for this condition.

The Veteran's low back disability is rated at 40 percent, effective September 8, 2009. The Board also granted separate ratings of 10 percent for radiculopathy in both lower extremities from January 14, 2010.

The Board has determined that the Veteran's currently diagnosed OSA was as likely as not caused or aggravated by his service-connected PTSD, and thus grants the claim for service connection.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a new VA examination to address the etiology of the Veteran's sleep apnea.

The Board denied the appellant's claims regarding service connection for various conditions, including ischemic heart disease, mitral valve replacement, atrial fibrillation, thyroid goiter, and hypertension. The initial rating for hypertension was also denied.

The Veteran's appeal is being remanded for additional development, including updated employment and educational history, VA treatment records, and a comprehensive examination to determine the severity of her service-connected disabilities and their impact on her employability.

The Board has reopened the claim of service connection for a lumbosacral injury with residual L5-S1 nerve root compression and granted service connection for this condition.,The Veteran's low back disability is found to be related to his in-service fall, and he is now entitled to service connection.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and arranging for a sleep specialist examination.

The Board found that the Veteran's left hip disability was not incurred in or aggravated by active service and is not etiologically related to service or a service-connected condition. The claim for sleep apnea secondary to service-connected conditions was denied due to inadequate reasoning.

The Board finds that the Veteran's rosacea is related to service and grants his claim for service connection.

The VA examiner found that the Veteran's current sleep apnea is at least as likely as not related to his service-connected PTSD, and thus granted service connection for sleep apnea secondary to PTSD.