Sleep apnea decisions — 2016

The Board has remanded the case due to incomplete records and a need for additional development, including obtaining treatment records from Northern Rockies Neurosurgeons and requesting an addendum VA medical opinion.

The Board has determined that the Veteran's sleep apnea and ischemic heart disease are related to his military service, while bilateral hearing loss and tinnitus do not meet the criteria for service connection.

The Veteran's sleep apnea is granted as secondary to service-connected asthma, hypertension, and allergic rhinitis. The effective date for the lumbar spine disability remains April 3, 2008 due to lack of prior communication regarding this condition before that date.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining missing service treatment records and VA medical records.

The Veteran's claims for higher ratings for PTSD, service connection for OSA and GERD secondary to PTSD, as well as the reopening of her back disorder claim were all denied by the Board.

The Veteran's lumbosacral strain was initially rated at 10 percent from November 8, 2008 to February 23, 2011. From February 24, 2011, the rating was increased to 20 percent.

The Veteran's appeal is being remanded for additional development to address the nature and etiology of his claimed conditions, including sleep apnea, acquired psychiatric disorder, irritability, memory loss, sexual dysfunction, fatigue, headaches, and hypertension.

The Veteran's lumbosacral strain was rated at 40 percent disabling effective August 11, 2015. She also has separate 10 percent ratings for radiculopathy of the right and left lower extremities.

The Board found that the Veteran's current sleep apnea was not incurred in or aggravated by service and is not proximately due to or the result of a service-connected disability, including his Barrett's esophagus with GERD and PTSD.

The Board has found that the evidence is in relative equipoise as to whether the Veteran's sleep apnea was incurred during service, and thus grants service connection for sleep apnea. The thoracolumbar spine disability issue remains pending.

The Board granted service connection for sleep apnea, bilateral carpal tunnel syndrome, and dry mouth. The Veteran was assigned a noncompensable disability rating (10%) for each condition.

The Board has determined that the Veteran's sleep apnea, erectile dysfunction, and tinnitus are service-connected. The Veteran does not have a hearing loss disability for VA purposes in his left ear.

The Veteran's claim for service connection for sleep apnea was granted with a rating of 50% effective July 8, 2005. The Board found that the earliest date legally possible for the grant of service connection is July 18, 2005.

The Board has remanded the case for additional development, including obtaining VA treatment records and a sleep study from West Valley Medical Center.

The Board found that the Veteran's current breathing problems, to include emphysema, did not manifest during service and are unrelated to service. As such, the claim for service connection was denied.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and the need to obtain treatment records from Carthage Area Hospital.

The Veteran's claim for a TDIU was denied as his service-connected chronic lumbosacral strain did not meet the schedular criteria and there were no other disabilities that would allow him to qualify for an extraschedular TDIU.

The Board has granted service connection for cervical and lumbosacral spine disorders, each assigned a 10 percent disability rating, effective July 26, 2004. The right ankle claim remains on hold as it is not part of the current appeal.

The Board found that the Veteran's obstructive sleep apnea did not have its onset in service, is not otherwise related to service, and is not shown to be caused or aggravated by his service-connected sinusitis or lithium treatments for his service-connected major depressive disorder.

The Board has determined that the Veteran's lumbar spine disability and bilateral foot disability (with diabetic peripheral neuropathy) are not service-connected.