Sleep apnea decisions — 2016

The Board denied the Veteran's claims for service connection for a back disability, obstructive sleep apnea, bilateral breast tumors, and thyroid tumor. The claim for service connection for a back disability was reopened due to new evidence, but the other claims were denied.

The Veteran's appeal is being remanded to obtain additional medical opinions and updated treatment records. The issues of service connection for a sleep disorder and skin disorder of the hands and scalp are pending.

The Board found that the Veteran's chronic obstructive sleep apnea is not etiologically related to his active service, including a service-connected disability.

The Board has determined that the Veteran's current sleep disorder, to include OSA, is not etiologically related to his active service and does not have been caused or aggravated by his service-connected PTSD or diabetes.

The Veteran's initial claim for a higher rating for his back disability was granted, with a 40% disability rating effective September 23, 2010. The issue of TDIU prior to this date remains unresolved.

The Board has remanded the claims for further development due to inadequate opinions regarding service connection and psychiatric disabilities.

The Board has granted the Veteran's claims for increased ratings for PTSD, Lumbosacral Strain, Sinusitis, Allergic Rhinitis, and Bilateral Pes Planus. Additionally, the Board found new and material evidence to reopen the claim of service connection for Sleep Apnea secondary to his service-connected allergic rhinitis and sinusitis.

The Veteran's appeal is being remanded for further examination and evaluation of his service-connected disabilities, including PTSD with alcohol dependence, lumbosacral sprain, cervical sprain with degenerative changes, and neuropathic symptoms of the right lower extremity. The case will be returned to the Board after these actions are completed.

The Veteran's lumbar spine disability has been manifested by symptoms of painful motion, stiffness, forward flexion to 20 degrees, and incapacitating episodes with a total duration of at least six weeks per a 12 month period. For the entire increased rating period from November 24, 2008, the Veteran's lumbar spine disability has been rated as 60 percent disabling.

The Veteran's acquired psychiatric disability, obstructive sleep apnea, and headaches are all found to be secondary to his service-connected disabilities. The effective dates for the awards of service connection for these conditions have been granted.

The Board is remanding the case to address whether the Veteran's chondrosarcoma is related to his service-connected fibroma removal residuals, as well as any other relevant factors.

The Veteran withdrew his appeals for the claims of service connection for a head injury, lymphomas/lymph node enlargement, sleep apnea, dyslipidemia/high cholesterol, dermatitis, hypertension, and bronchitis.

The Board has reopened the claims for sleep apnea and hypertension, but service connection is not granted as the examiner did not address whether PTSD aggravates sleep apnea. The claim for an enlarged heart remains moot due to the grant of service connection for coronary artery disease.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disability. The Board also found that service connection is warranted based on the Veteran's testimony and medical opinion.

The Veteran's claim for service connection for sleep apnea has been reopened, but remains denied. His initial compensable rating for excision of a corn with distal phalangectomy of the right 5th toe was denied. The reduction in his rating for bilateral pes planus from 30 percent to 10 percent is upheld.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his active duty service and grants service connection for this condition.

The Veteran's claim for DEA benefits was denied because his service-connected disabilities did not meet the requirement of permanent and total disability. The RO proposed to reduce his 100 percent rating for depressive disorder, but a TDIU rating has been granted. The case is being remanded to determine if the current severity of his service-connected disabilities are reasonably certain to continue throughout his life.

The Board has determined that the Veteran's deviated nasal septum with partial obstruction was aggravated by service, and thus service connection is granted for this condition. The claims for sleep apnea and sinusitis as secondary to a deviated septum are also granted.

The Veteran's low back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board has remanded the case due to need for additional examinations and treatment records, as well as further consideration of DeLuca factors.