Sleep apnea decisions — 2016

The Veteran's claimed conditions, including gastroesophageal reflux disease (GERD), fever outbreak, sleep apnea, sero-negative polyarthritis, and traumatic brain injury, were not found to be related to service or service-connected conditions. The Board denied these claims as the evidence did not support a finding of direct service connection.

The Board found that the evidence does not support a finding of service connection for sleep apnea, as there is no credible evidence linking the condition to active military service.

The Board has determined that the Veteran's degenerative joint disease of the lumbosacral spine is related to his service and grants this claim.

The Veteran's bilateral hearing loss was consistently manifested by Level I hearing loss in both ears, and his lumbosacral spine degenerative joint disease did not meet the criteria for a higher evaluation. As such, an initial compensable rating for bilateral hearing loss is not warranted, and a 20 percent rating for lumbosacral spine degenerative joint disease remains unchanged.

The Board denied service connection for sinusitis, allergic rhinitis, and sleep apnea as secondary to the Veteran's service-connected nasal condition. The claim for PTSD was also denied.

The Veteran's claim for higher initial ratings for bilateral pes planus, PTSD, and coronary artery disease have been granted. An effective date of November 24, 2008 has also been established.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and providing an addendum opinion regarding the relationship between his sleep apnea and service-connected PTSD. The issues of service connection for sleep apnea, a higher rating for PTSD, and earlier effective date for TDIU are also being remanded.

The Veteran's depressive disorder has been granted a rating of at least 70 percent, effective January 10, 2013. The issue of entitlement to service connection for sleep apnea is remanded.

The Veteran's lumbosacral strain was evaluated at 10 percent prior to April 3, 2015. As of April 3, 2015, the Veteran is entitled to a 20 percent evaluation for his lumbosacral strain.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral DDD with L4 wedging was denied as his disability did not meet the criteria for such an increase.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the Veteran with VA examinations.

The Veteran's tinnitus and low back disability are found to be related to his active service, while the claim for bilateral hearing loss is dismissed due to withdrawal of appeal. The Veteran's right knee disability is remanded for further examination.

The Veteran's appeal is being remanded for further development, including securing SSA disability records and arranging for any necessary additional development. The case will be readjudicated after the additional development.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset in service and is not related to his military service. The claim for service connection for sleep apnea is denied.

The Veteran's diagnosed degenerative disc disease of the lumbosacral spine is as likely as not related to his active service, and the Board finds that he is entitled to service connection for this condition.

The Board denied the Veteran's claims for service connection for tinnitus, gastrointestinal disorder to include gastroesophageal reflux disease (GERD), sleep apnea, and hypertension. The Board found that there was no evidence of a current disability in these conditions, or any link between them and his active duty service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and peripheral neuropathy of both lower extremities have not met the criteria for a higher disability rating under the applicable VA rating schedule.

The Veteran's claims for service connection for tinnitus, sleep apnea, and an increased rating for PTSD were denied. The Board found that the evidence did not support a finding of direct service connection for these conditions.

The Board denied the Veteran's claims for service connection for hypertension, a respiratory disorder (COPD), sleep apnea, and GERD. The appeals were decided on the merits as there was no indication of any presumptive exposure to herbicides or other service connection theories.

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