Sleep apnea decisions — 2016

The Board granted service connection for sleep apnea as secondary to PTSD. The initial schedular rating for PTSD prior to October 5, 2011 was granted at 50 percent.

The Board denied the Veteran's claim for an effective date prior to May 16, 2008 for the grant of service connection for sleep apnea. The decision states that no earlier claims were submitted and that the one-year period following separation from service has not been met.

The Veteran's claim for a rating in excess of 50 percent for his respiratory disorders, including sleep apnea, asthma, bronchitis and COPD, is being remanded due to the need for additional development. His TDIU claim is also being remanded as it is intertwined with his increased rating claim.

The Board has remanded the case for additional development to obtain medical opinions regarding whether the Veteran's sleep disorder and gastrointestinal disorder are related to his service-connected disabilities or due to medications.

The Veteran's service connection claims for obstructive sleep apnea, right and left knee disorders, hip pain, and ankle disabilities have been granted. Separate ratings of 10 percent each are assigned for the right and left knee disorders.

The Veteran's claims for service connection for tinnitus, obstructive sleep apnea, an acquired psychiatric disorder (claimed as PTSD), and hypertension have been reopened due to the submission of new and material evidence. The criteria for service connection are met for all four conditions.

The Veteran's asthma was rated at 30 percent prior to September 8, 2014. His sleep apnea is considered secondary to his service-connected asthma and has been granted.

The Veteran's bronchial asthma was rated at 30 percent prior to October 9, 2009 and upgraded to 100 percent thereafter.

The Board has ordered a remand to obtain updated VA treatment records and an addendum opinion from the examiner regarding the etiology of the Veteran's obstructive sleep apnea and restless leg syndrome, as these conditions are claimed as secondary to his service-connected heart disability.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a new VA examination and opinion regarding the etiology of his condition, as well as further development of the record.

The Board is remanding the claims for service connection for bilateral pes planus, hearing loss, residuals of a deviated nasal septum (withdrawn), left ankle disorder, bilateral knee disorder, bilateral hip disorder, heart disorder, hypertension, gastroesophageal reflux disease (GERD), and obstructive sleep apnea. The Board is also remanding the claim for an initial rating higher than 50 percent for PTSD.

The Board has granted service connection for asthma and sleep apnea, with the latter being secondary to the Veteran's service-connected asthma.

The Veteran's service-connected lumbar spine disability has rendered him unable to secure or maintain substantially gainful employment consistent with his education and work history.

The Board has determined that the Veteran's obstructive sleep apnea and stomach disorder were not incurred or aggravated during her military service, and thus denied these claims.

The Board finds that the Veteran's obstructive sleep apnea is not shown to have first manifested in service, and it is not causally or etiologically related to his service-connected PTSD. Therefore, the claim for service connection for obstructive sleep apnea is denied.

The Veteran's TDIU claim is being remanded for further development, including the adjudication of service connection claims for diabetic peripheral neuropathy, a cardiac condition, hypertension, peripheral vascular disease, and sleep apnea. The RO will also provide the Veteran with VA examinations and opinions in connection with his TDIU claim.

The Board has granted service connection for PTSD, sleep apnea, and low back disability. The Veteran's hiatal hernia is rated at 10 percent.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, SSA records, and a new examination to determine the etiology of his sleep apnea disability and the severity of his lumbar spine disability.

The Veteran's obstructive sleep apnea was first manifested during active duty, and the Board finds that service connection is warranted.

The Board has determined that the claims for service connection for a right knee condition, sleep apnea, a low back condition, a bilateral eye condition, hypertension, and sinusitis/allergies have been granted. The remaining claim of service connection for a left knee condition is being remanded for further development.