Sleep apnea decisions — 2016

The Veteran's cervical, thoracic and lumbar spine conditions are not service-connected as there is no evidence of chronic disability in service or within one year thereafter. The VA examiner opined that the current spine conditions are less likely related to any event or spine condition noted in service.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claim for service connection for sleep apnea, including obtaining medical opinions and any outstanding VA treatment records.

The Board has granted service connection for sleep apnea and erectile dysfunction, finding that the Veteran's current conditions are at least as likely as not related to his active duty service. The decision also notes that the erectile dysfunction is secondary to medications used to treat a service-connected disability.

The Board has determined that the Veteran's current sleep apnea is related to his in-service dental surgery, and thus grants service connection for this condition.

The Board denied service connection for bilateral hearing loss, sleep apnea, a lung disorder, and a skin disorder. The evidence received since the October 2005 decision is new but not material to reopen these claims.

The Board finds that the evidence is at least in equipoise with respect to the Veteran's claim of service connection for sleep apnea, and thus grants the claim.

The Board finds that the Veteran's current DDD and DJD of lumbosacral spine with HNP at L5-S1 and disc bulge at L4-L5 is related to his service-connected left leg disability, thus granting service connection for a back disability.,There is no evidence linking the Veteran's varicose veins to his active duty service or any other factor. The Board denies service connection for this condition.

The Veteran's claims for service connection and increased ratings have been denied. The effective date claim is also denied as the original rating decision was final.

The Veteran's unauthorized medical expenses incurred for a jaw surgery to treat sleep apnea were denied as VA did not provide prior authorization and the treatment was not rendered in an emergency situation.

The Board found no evidence of a direct relationship between the claimed conditions and service, thus denying all claims for service connection.

The Veteran's lumbar spine disability was initially rated at 10 percent from March 6, 2007 to January 6, 2008. From January 7, 2008 to March 14, 2013, the rating was increased to 20 percent. Since March 15, 2013, a higher rating of 40 percent has been granted.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to determine if the Veteran's obstructive sleep apnea is related to service.

The Veteran's appeal is remanded for a VA examination to determine the nature and etiology of his current sleep disorder, including whether it is related to service-connected PTSD or an undiagnosed illness. The examiner should also assess if the Veteran has a chronic undiagnosed disability related to Gulf War service.

The Veteran withdrew his appeal for service connection for sleep apnea, previously claimed as sleep disturbances, to include as due to undiagnosed illness or other qualifying chronic disability pursuant to 38 U.S.C.A. § 1117.

The Veteran's lumbosacral strain is currently evaluated at 20 percent, and the Board finds that a higher rating is not warranted. The evidence shows forward flexion of the thoracolumbar spine to 60 degrees or more during his VA examinations.

The Board denied the Veteran's claims of service connection for bilateral hearing loss disability, tinnitus, and obstructive sleep apnea. The left shoulder disability was rated at 20 percent, while the right ankle disability was also rated at 20 percent.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea is related to his active service, including exposure to smoke and burning pits during his deployment in Iraq.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during active military service and grants service connection for this condition.

The Veteran's DJD of the lumbosacral spine has been rated at 10 percent prior to February 10, 2005 and at 30 percent since then. The claim for a higher rating is denied.

The Board has remanded the case for additional development due to incomplete records and further examination.