Sleep apnea decisions — 2016

The Veteran's fibromyalgia and sleep apnea are presumed to have developed during her active service, leading to a grant of service connection for both conditions.

The Board found that the Veteran's obstructive sleep apnea is not causally or etiologically related to any disease, injury, or incident in service and denied his claim for service connection.

The Board has granted a 40 percent disability rating for the Veteran's lumbosacral strain since August 20, 2015. The effective date of this decision is August 20, 2015.

The Veteran's service-connected diabetes mellitus is rated at 40 percent, effective August 16, 2012. The erectile dysfunction associated with the diabetes is considered a noncompensable complication of the disability and thus does not warrant an additional rating.

The Board has granted an effective date of February 1, 2001 for the grant of service connection and a 50 percent disability rating for sleep apnea. The Veteran's underlying asthma was rated separately.

The Board has granted service connection for a lumbar spine disability and a right shoulder disability. The Veteran's claims for other conditions are pending.

The Veteran's appeal has been dismissed due to his death.

The Veteran's claims for service connection for sleep apnea and a bilateral hand condition are being remanded due to the need for additional development, including obtaining VA treatment records prior to April 2010 and scheduling a VA examination.

The Veteran's service-connected back disability, peripheral neuropathy of the legs and arms, and diabetes mellitus have all been rated at their maximum allowable ratings.

The Veteran's service-connected herniated nucleus pulposus of the lumbosacral spine with low back strain is currently rated at 10 percent, and his adjustment disorder with mixed anxiety and depressed mood is rated at 30 percent. The Board has granted a higher rating for these conditions.

The Board has denied the Veteran's claims for service connection for various conditions, including sleep apnea, PTSD, chronic pain disorder, and other neurological disorders. The decision is based on the lack of evidence supporting a direct link between these conditions and his military service.

The Veteran's low back disability was granted an increased evaluation of 40 percent effective November 13, 2013. He also received a separate rating for radiculopathy of the right lower extremity associated with his service-connected low back disability.

The Board has granted service connection for left and right knee disorders. The Veteran's hyperthyroidism, sleep apnea, migraine headaches, right shoulder disorder, low back disorder, right foot disorder, myopia, swelling of the left testicle, and tinea versicolor are all found to be related to his military service.

The Veteran's cervical spine disability is found to be service-connected as it began during active duty and was aggravated by an in-service accident. The Veteran's sleep apnea claim is remanded for issuance of a Statement of the Case.

The Veteran's lumbosacral strain with degenerative changes was granted a 20 percent evaluation effective April 12, 2010. The claim for higher evaluations prior to that date remains on appeal.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations to assess the severity of his low back disability and fibromyalgia, and obtaining a VA opinion regarding the relationship between his bilateral plantar fasciitis and service-connected fibromyalgia.

The Board has determined that the Veteran's current low back disorder is not related to her active military service and therefore denied her claim for service connection.

The Veteran's claim for service connection for a disability manifested by spoon nails, to include as secondary to anemia, was denied. The Board finds that the Veteran does not have a current diagnosis of a disability manifested by spoon nails. The issue of service connection for sleep apnea remains pending.