Sleep apnea decisions — 2016

The Veteran's sleep apnea is found to be aggravated by his service-connected PTSD, and the claim for service connection for sleep apnea secondary to PTSD is granted.

The Veteran's claim for service connection for liposarcoma of the right thigh, as secondary to his service-connected myotonic dystrophy, was denied. Effective dates were not granted for other claims related to mental health disorders and unemployability.

The Veteran's claim for increased evaluation of lumbosacral strain and extraschedular evaluation was denied. The issue of TDIU is not addressed in this decision.

The Veteran's service-connected disabilities meet the percentage requirements for a total disability evaluation based on individual unemployability due to his inability to secure or follow substantially gainful employment.

The Board has determined that the Veteran's service-connected disabilities do not require regular aid and attendance or render him housebound, thus denying his claim for special monthly compensation based on need for aid and attendance.

The Board found that the Veteran's current obstructive sleep apnea did not have onset during service and was not caused or permanently aggravated by his active military service. Therefore, the claim for service connection for obstructive sleep apnea is denied.

The Board denied the Veteran's claims of service connection for bunions and sleep apnea. The decision on both issues is denied.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting new VA examinations to assess the current severity of his service-connected disabilities.

The Veteran's obstructive sleep apnea was at least partially due to obesity, which was aggravated by his service-connected mood disorder. The Board finds that the Veteran's sleep apnea is secondary to his service-connected mood disorder and grants service connection for this condition.

The Board finds that the Veteran's hypertension is aggravated by his service-connected diabetes mellitus, type II. The claim for service connection for obstructive sleep apnea is denied as there is no evidence linking it to service or any related conditions.

The Veteran's sleep apnea and sarcoidosis are currently rated at 50 percent, with the use of a breathing assistance device for sleep apnea. Sarcoidosis is rated based on its pulmonary involvement.

The Board found that the Veteran's sleep apnea was not manifested in service and is not causally related to his service, including as due to asbestos exposure. Therefore, service connection for sleep apnea was denied.

The Veteran's obstructive sleep apnea is being remanded for further examination and opinion to determine its etiology, including whether it is related to service or secondary to his service-connected conditions.

The Veteran's claim for an initial evaluation in excess of 10 percent for degenerative joint disease and disc disease of the lumbosacral spine was granted. The claim for a compensable evaluation for migraine and tension headaches from January 20, 2015, was also granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new VA examination and additional medical records.

The Board finds that the Veteran's sleep apnea is etiologically related to his service-connected disabilities of dysthymia and lower leg compartment syndrome, which are considered secondary to his sleep apnea. Therefore, the claim for service connection on a secondary basis is granted.

The Board is remanding the claims for additional development, including obtaining VA treatment records from relevant facilities and notifying the Veteran of any inability to obtain requested documents.

The Board has determined that the Veteran's respiratory disorders, including a respiratory disorder other than sleep apnea and chronic obstructive pulmonary disease (COPD), are not related to his military service.

The Veteran's service-connected status-post left 7th and 8th ribs fracture with residual pain and bone deformity is rated at 10 percent, the highest non-compensable rating available under the applicable diagnostic code.

The Veteran's service-connected radiculopathy of the left lower extremity was granted a rating in excess of 20% effective February 8, 2012. The Veteran's service-connected degenerative disc disease of the lumbosacral spine was granted a rating in excess of 20% thereafter.